In re the Arbitration between Friedman & Weinberger

Appellate Division of the Supreme Court of New York

In re the Arbitration between Friedman & Weinberger

39 A.D.2d 881, 333 N.Y.S.2d 719, 1972 N.Y. App. Div. LEXIS 4214

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

DecidedJune 22, 1972

StatusPublished

This text of 39 A.D.2d 881 (In re the Arbitration between Friedman & Weinberger) 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 Friedman & Weinberger, 39 A.D.2d 881, 333 N.Y.S.2d 719, 1972 N.Y. App. Div. LEXIS 4214 (N.Y. Ct. App. 1972).

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Opinion

Judgment, Supreme Court, New York County, entered January 6, 1972, confirming the award of the arbitrators, unanimously modified, on the law and the facts, to clarify the award and to recompute the figures to add thereto the sum of $7,640, in accordance with the determination of the arbitrators, and except as so modified, affirmed. Appellant shall recover of respondent $50 costs and disbursements of this appeal. The arbitrators determined that the decedent partner was not disabled within the meaning of the partnership [882]*882agreement, but failed to translate the effect of their award into dollars. Under the circumstances, petitioner-appellant, the executrix of the deceased partner, was entitled to an additional $7,640 in the award and judgment. (CPLR 7511, subd. [c], par. 1; Arbitration Contract and Proceedings, Eager, § 132, p. 350.) Settle order on notice. Concur — McG-ivern, J. P., Kupferman, Murphy, McNally and Eager, JJ.

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Judgment, Supreme Court, New York County, entered January 6, 1972, confirming the award of the arbitrators, unanimously modified, on the law and the facts, to clarify the award and to recompute the figures to add thereto the sum of $7,640, in accordance with the determination of the arbitrators, and except as so modified, affirmed. Appellant shall recover of respondent $50 costs and disbursements of this appeal. The arbitrators determined that the decedent partner was not disabled within the meaning of the partnership [882]*882agreement, but failed to translate the effect of their award into dollars. Under the circumstances, petitioner-appellant, the executrix of the deceased partner, was entitled to an additional $7,640 in the award and judgment. (CPLR 7511, subd. [c], par. 1; Arbitration Contract and Proceedings, Eager, § 132, p. 350.) Settle order on notice. Concur — McG-ivern, J. P., Kupferman, Murphy, McNally and Eager, JJ.

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Bluebook (online)

39 A.D.2d 881, 333 N.Y.S.2d 719, 1972 N.Y. App. Div. LEXIS 4214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-friedman-weinberger-nyappdiv-1972.

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