In re the Arbitration between Morrow & General Accident Fire & Life Assurance Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Morrow & General Accident Fire & Life Assurance Corp.

20 A.D.2d 741, 246 N.Y.S.2d 845, 1964 N.Y. App. Div. LEXIS 4391

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

DecidedFebruary 20, 1964

StatusPublished

Cited by1 cases

This text of 20 A.D.2d 741 (In re the Arbitration between Morrow & General Accident Fire & Life Assurance Corp.) 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.

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In re the Arbitration between Morrow & General Accident Fire & Life Assurance Corp., 20 A.D.2d 741, 246 N.Y.S.2d 845, 1964 N.Y. App. Div. LEXIS 4391 (N.Y. Ct. App. 1964).

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Opinion

The facts and the legal issues arising upon them are well outlined and defined in the comprehensive opinion of Mr. Justice Main at Special Term. It is clear that the arbitrators’ powers were “so imperfectly executed * * * that a * * * definite award upon the subject-matter submitted was not made”. (Civ. Prac. Act, § 1462, subd. 4.) In consequence, the vacatur and resubmission were proper, as was the confirmation of the amended award. (Matter of Zephyr Gonstr. Go. [Boro Hall Corp.], 7 A D 2d 915 and cases cited p. 916, second appeal 10 A D 2d 867; 21 Carmody-Wait, New York Practice, §§ 170, 172, pp. 575, 576.) Orders affirmed, with $20 costs. Gibson, P. J., Reynolds, Taylor and Aulisi, JJ., concur.

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The facts and the legal issues arising upon them are well outlined and defined in the comprehensive opinion of Mr. Justice Main at Special Term. It is clear that the arbitrators’ powers were “so imperfectly executed * * * that a * * * definite award upon the subject-matter submitted was not made”. (Civ. Prac. Act, § 1462, subd. 4.) In consequence, the vacatur and resubmission were proper, as was the confirmation of the amended award. (Matter of Zephyr Gonstr. Go. [Boro Hall Corp.], 7 A D 2d 915 and cases cited p. 916, second appeal 10 A D 2d 867; 21 Carmody-Wait, New York Practice, §§ 170, 172, pp. 575, 576.) Orders affirmed, with $20 costs. Gibson, P. J., Reynolds, Taylor and Aulisi, JJ., concur.

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20 A.D.2d 741, 246 N.Y.S.2d 845, 1964 N.Y. App. Div. LEXIS 4391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-morrow-general-accident-fire-life-nyappdiv-1964.

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