In re the Arbitration between Flair, Inc. & Lady London, Inc.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Flair, Inc. & Lady London, Inc.

37 A.D.2d 927, 326 N.Y.S.2d 193, 1971 N.Y. App. Div. LEXIS 3055

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

DecidedNovember 4, 1971

StatusPublished

This text of 37 A.D.2d 927 (In re the Arbitration between Flair, Inc. & Lady London, Inc.) 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 the Arbitration between Flair, Inc. & Lady London, Inc., 37 A.D.2d 927, 326 N.Y.S.2d 193, 1971 N.Y. App. Div. LEXIS 3055 (N.Y. Ct. App. 1971).

Pincite

Opinion

Order, Supreme Court, New York County, entered on May 20, 1971, modifying an arbitration award, unanimously reversed, on the law, the motion denied and the award confirmed. Appellant shall recover of petitioner-respondent $50 costs and disbursements of this appeal. It appears .that the parties, by their actions subsequent to entering into a stipulation during the course of the second day of hearings before the arbitrator, waived strict compliance with the terms thereof. In any event, since it is undisputed that the arbitrator’s jurisdiction flowed from the exclusive sales agreement between the parties, all questions relating to interpretation of the stipulation and whether or not the parties waived the limitation contained therein were for the arbitrator to resolve. His award is not reviewable by a court for errors of law or fact. (Matter of Colletti, [Mesh], 23 A D 2d 245, 248, affd. 17 N Y 2d 460.) Concur — Stevens, P. J., Capozzoli, Nunez, Kupferman and McNally, JJ.

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Order, Supreme Court, New York County, entered on May 20, 1971, modifying an arbitration award, unanimously reversed, on the law, the motion denied and the award confirmed. Appellant shall recover of petitioner-respondent $50 costs and disbursements of this appeal. It appears .that the parties, by their actions subsequent to entering into a stipulation during the course of the second day of hearings before the arbitrator, waived strict compliance with the terms thereof. In any event, since it is undisputed that the arbitrator’s jurisdiction flowed from the exclusive sales agreement between the parties, all questions relating to interpretation of the stipulation and whether or not the parties waived the limitation contained therein were for the arbitrator to resolve. His award is not reviewable by a court for errors of law or fact. (Matter of Colletti, [Mesh], 23 A D 2d 245, 248, affd. 17 N Y 2d 460.) Concur — Stevens, P. J., Capozzoli, Nunez, Kupferman and McNally, JJ.

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Bluebook (online)

37 A.D.2d 927, 326 N.Y.S.2d 193, 1971 N.Y. App. Div. LEXIS 3055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-flair-inc-lady-london-inc-nyappdiv-1971.