In re the Arbitration between Yates Lansing, Inc. & Town of Niskayuna

Appellate Division of the Supreme Court of New York

In re the Arbitration between Yates Lansing, Inc. & Town of Niskayuna

202 A.D.2d 916, 610 N.Y.S.2d 879, 1994 N.Y. App. Div. LEXIS 2839

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

DecidedMarch 24, 1994

StatusPublished

Cited by2 cases

This text of 202 A.D.2d 916 (In re the Arbitration between Yates Lansing, Inc. & Town of Niskayuna) 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 Yates Lansing, Inc. & Town of Niskayuna, 202 A.D.2d 916, 610 N.Y.S.2d 879, 1994 N.Y. App. Div. LEXIS 2839 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from an order of the Supreme Court (Lynch, J.), entered April 26, 1993 in Schenectady County, which, inter alia, granted respondent’s cross application pursuant to CPLR 7511 to modify that part of an arbitration award granting claimant interest.

At issue on this appeal is whether the arbitrator exceeded his authority under the parties’ agreement when he awarded interest. We agree with Supreme Court’s conclusion that the interest award was completely irrational and that it exceeded a specifically enumerated limitation in the agreement. The agreement expressly provided that no interest was to be awarded on any moneys not paid when due. Accordingly, the court’s decision to modify the arbitrator’s award by deleting the requirement that respondent pay interest should be affirmed.

[917]*917Mikoll, J. P., Crew III, Casey, Yesawich Jr., and Peters, JJ., concur. Ordered that the order is affirmed, without costs.

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—Appeal from an order of the Supreme Court (Lynch, J.), entered April 26, 1993 in Schenectady County, which, inter alia, granted respondent’s cross application pursuant to CPLR 7511 to modify that part of an arbitration award granting claimant interest.

At issue on this appeal is whether the arbitrator exceeded his authority under the parties’ agreement when he awarded interest. We agree with Supreme Court’s conclusion that the interest award was completely irrational and that it exceeded a specifically enumerated limitation in the agreement. The agreement expressly provided that no interest was to be awarded on any moneys not paid when due. Accordingly, the court’s decision to modify the arbitrator’s award by deleting the requirement that respondent pay interest should be affirmed.

[917]*917Mikoll, J. P., Crew III, Casey, Yesawich Jr., and Peters, JJ., concur. Ordered that the order is affirmed, without costs.

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202 A.D.2d 916, 610 N.Y.S.2d 879, 1994 N.Y. App. Div. LEXIS 2839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-yates-lansing-inc-town-of-niskayuna-nyappdiv-1994.

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