In re the Arbitration Between F.X. Caprara Auto Sales & Wilcox

Appellate Division of the Supreme Court of New York

In re the Arbitration Between F.X. Caprara Auto Sales & Wilcox

288 A.D.2d 955, 732 N.Y.S.2d 388, 2001 N.Y. App. Div. LEXIS 10735

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 2001·Published·Cited by 2 cases

Opinion

—Order unanimously affirmed without costs. Memorandum: Petitioner appeals from an order dismissing its petition brought pursuant to CPLR 7511 to vacate an arbitration award. Petitioner failed to submit a complete record of the arbitration proceedings, and thus we are unable to review petitioner’s contentions on appeal concerning the propriety of the award (see generally, Chazy & Westport Tel. Corp. v KFC-Kuntz for Congress, 276 AD2d 872). Supreme Court did not abuse its discretion in denying respondent’s counterclaim for attorney’s fees (see, General Business Law § 198-b [f] [5]). (Appeals from Order of Supreme Court, Jefferson County, Gilbert, J. — Arbitration.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.

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—Order unanimously affirmed without costs. Memorandum: Petitioner appeals from an order dismissing its petition brought pursuant to CPLR 7511 to vacate an arbitration award. Petitioner failed to submit a complete record of the arbitration proceedings, and thus we are unable to review petitioner’s contentions on appeal concerning the propriety of the award (see generally, Chazy & Westport Tel. Corp. v KFC-Kuntz for Congress, 276 AD2d 872). Supreme Court did not abuse its discretion in denying respondent’s counterclaim for attorney’s fees (see, General Business Law § 198-b [f] [5]). (Appeals from Order of Supreme Court, Jefferson County, Gilbert, J. — Arbitration.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.

In re the Arbitration Between F.X. Caprara Auto Sales & Wilcox, 288 A.D.2d 955, 732 N.Y.S.2d 388, 2001 N.Y. App. Div. LEXIS 10735 (N.Y. Ct. App. 2001).

Pincite

288 A.D.2d 955 (In re the Arbitration Between F.X. Caprara Auto Sales & Wilcox) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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