Opinion
October 26, 1970
Appeal from a judgment of the Supreme Court, Tompkins County, which confirmed an award of the arbitrator in favor of respondent. Respondent seeks to recover for "extra" work in connection with a contract for the construction of sewer lines and manholes. The arbitrator has allowed all of respondent's claims based on extra work performed due to subsurface conditions and disallowed the claim based on the alleged delay caused by the architect's representatives and Special Term confirmed the award. The sole issue raised here is whether the arbitrator exceeded his authority. It is well settled that an arbitrator's award will not be vacated because of an error of law or fact and the courts will not review such an award without a showing of fraud or misconduct ( Agur v. Agur, 32 A.D.2d 16; Korein v. Rabin, 29 A.D.2d 351). Clearly the arbitrator did not exceed the terms of his submission (cf. Matter of General Fuse Co. [ Sightmaster Corp.], 7 Misc.2d 997, revd. 5 A.D.2d 1013) and there is no fraud or misconduct and thus we find no basis to disturb the arbitrator's decision. Judgment affirmed, with costs. Reynolds, J.P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.