In re the Arbitration between Bevtek Corp. & Mr. Natural, Inc.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Bevtek Corp. & Mr. Natural, Inc.

2 A.D.3d 157, 767 N.Y.S.2d 624, 2003 N.Y. App. Div. LEXIS 12887

Appellate Division of the Supreme Court of the State of New York·Decided December 4, 2003·Published·Cited by 1 cases

Opinion

Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered April 18, 2003, which granted petitioner’s application to confirm an arbitration award, denied respondent’s cross motion to vacate the award in part, [158]*158and awarded petitioner the total sum of $137,692.88, unanimously affirmed, with costs.

Respondent has failed to demonstrate exceptional circumstances warranting vacatur of the arbitrator’s award. The arbitrator did not exceed her authority in rendering this award, particularly in view of the provision in the agreement that a distributor whose route was terminated for cause was nonetheless entitled to compensation for the value of that route. Under the circumstances, we are unable to conclude that the arbitrator “gave a completely irrational construction to the provisions in dispute and, in effect, made a new contract for the parties” (see Matter of National Cash Register Co. [Wilson], 8 NY2d 377, 383 [I960]). Nor is there anything in this award or the agreement from which to conclude that enforcement of the award would violate public policy (Matter of Etkin & Co. [Play It Again Apparel], 235 AD2d 264 [1997]).

We have considered respondent’s remaining contentions and find them unavailing. Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered April 18, 2003, which granted petitioner’s application to confirm an arbitration award, denied respondent’s cross motion to vacate the award in part, [158]*158and awarded petitioner the total sum of $137,692.88, unanimously affirmed, with costs.

Respondent has failed to demonstrate exceptional circumstances warranting vacatur of the arbitrator’s award. The arbitrator did not exceed her authority in rendering this award, particularly in view of the provision in the agreement that a distributor whose route was terminated for cause was nonetheless entitled to compensation for the value of that route. Under the circumstances, we are unable to conclude that the arbitrator “gave a completely irrational construction to the provisions in dispute and, in effect, made a new contract for the parties” (see Matter of National Cash Register Co. [Wilson], 8 NY2d 377, 383 [I960]). Nor is there anything in this award or the agreement from which to conclude that enforcement of the award would violate public policy (Matter of Etkin & Co. [Play It Again Apparel], 235 AD2d 264 [1997]).

We have considered respondent’s remaining contentions and find them unavailing. Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.

In re the Arbitration between Bevtek Corp. & Mr. Natural, Inc., 2 A.D.3d 157, 767 N.Y.S.2d 624, 2003 N.Y. App. Div. LEXIS 12887 (N.Y. Ct. App. 2003).

Pincite

2 A.D.3d 157 (In re the Arbitration between Bevtek Corp. & Mr. Natural, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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