In re Weeks

New York Supreme Court

In re Weeks

153 Misc. 211, 273 N.Y.S. 922, 1934 N.Y. Misc. LEXIS 1588

CourtNew York Supreme Court

DecidedAugust 29, 1934

StatusPublished

Cited by2 cases

This text of 153 Misc. 211 (In re Weeks) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Weeks, 153 Misc. 211, 273 N.Y.S. 922, 1934 N.Y. Misc. LEXIS 1588 (N.Y. Super. Ct. 1934).

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Opinion

Steuer, J.

Motion to confirm the award of arbitrators. The arbitrators found in favor of the defendant, but made no finding respecting costs or disbursements. The court lacks any power to impose such costs, and the result is that neither party can look to the other for reimbursement of any moneys paid out, no matter how necessary to the proceeding. (New York Lumber & WoodWorking Co. v. Schnieder, 119 N. Y. 475.) Defendant relies on section 1461 of the Civil Practice Act. This section refers solely to costs and disbursements on the motion to confirm the award and proceedings subsequent thereto. The third arbitrator was appointed by the court, and the findings include a request to fix his fee. He suggests $500, and neither party objects to the amount nor to its being fixed on this motion. Accordingly, it is fixed at $500. In the absence of direction by the arbitrators, this fee is to be paid equally by the parties, as both are responsible for it. (See Atterbury v. Trustees of Columbia College, 66 Misc. 273.)

Settle order on notice.

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Steuer, J.

Motion to confirm the award of arbitrators. The arbitrators found in favor of the defendant, but made no finding respecting costs or disbursements. The court lacks any power to impose such costs, and the result is that neither party can look to the other for reimbursement of any moneys paid out, no matter how necessary to the proceeding. (New York Lumber & WoodWorking Co. v. Schnieder, 119 N. Y. 475.) Defendant relies on section 1461 of the Civil Practice Act. This section refers solely to costs and disbursements on the motion to confirm the award and proceedings subsequent thereto. The third arbitrator was appointed by the court, and the findings include a request to fix his fee. He suggests $500, and neither party objects to the amount nor to its being fixed on this motion. Accordingly, it is fixed at $500. In the absence of direction by the arbitrators, this fee is to be paid equally by the parties, as both are responsible for it. (See Atterbury v. Trustees of Columbia College, 66 Misc. 273.)

Settle order on notice.

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Bluebook (online)

153 Misc. 211, 273 N.Y.S. 922, 1934 N.Y. Misc. LEXIS 1588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-weeks-nysupct-1934.

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