In re Arbitration between Morantz & Berliant

Appellate Division of the Supreme Court of New York

In re Arbitration between Morantz & Berliant

275 A.D.2d 873

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 11, 1949

StatusPublished

This text of 275 A.D.2d 873 (In re Arbitration between Morantz & Berliant) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Arbitration between Morantz & Berliant, 275 A.D.2d 873 (N.Y. Ct. App. 1949).

Pincite

Opinion

Brewster, Deyo and Bergan, JJ., concur; Heffernan, J., dissents in the following memorandum in which Foster, P. J., concurs: The only question submitted to the arbitrators in this ease is whether or not appellant “ injured the reputation or standing ” of the respondents. An award of money damage was waived. No justiciable question is presented for review. Complete jurisdiction includes not only the power to hear and determine the case, but also power to enforce the judgment. This court has no power to enforce any judgment herein and hence it should decline to entertain or to attempt to exercise jurisdiction where it has no power to enforce the judgment which may be rendered. Accordingly, this court having no jurisdiction, the appeal should be dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Brewster, Deyo and Bergan, JJ., concur; Heffernan, J., dissents in the following memorandum in which Foster, P. J., concurs: The only question submitted to the arbitrators in this ease is whether or not appellant “ injured the reputation or standing ” of the respondents. An award of money damage was waived. No justiciable question is presented for review. Complete jurisdiction includes not only the power to hear and determine the case, but also power to enforce the judgment. This court has no power to enforce any judgment herein and hence it should decline to entertain or to attempt to exercise jurisdiction where it has no power to enforce the judgment which may be rendered. Accordingly, this court having no jurisdiction, the appeal should be dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

275 A.D.2d 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-arbitration-between-morantz-berliant-nyappdiv-1949.