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Bogard v. Paul

Appellate Division of the Supreme Court of New York, First Department
Sep 23, 1997
242 A.D.2d 479 (N.Y. App. Div. 1997)

Opinion

September 23, 1997

Appeal from Supreme Court, New York County (Edward Lehner, J.).


The meaning and effect of the disputed buy-out provision are clearly within the scope of the broad arbitration clause, and its claimed misinterpretation by the arbitrator as a buyer-initiated rather than a seller-initiated provision is not a ground for judicial interference ( see, Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 307-308). Nor is it a ground for interference that the arbitrator did not set forth how he arrived at the price for the buyout ( see, Matter of Aimcee Wholesale Corp. [Tomar Prods.], 21 N.Y.2d 621, 626), which, given the evidence of appraised value, can hardly be said to be "completely irrational" ( Matter of National Cash Register Co. [Wilson], 8 N.Y.2d 377, 383). It was also proper for the court to implement the award by directing that plaintiff pay the transfer taxes upon conveyance of his interest in the property ( see, Matter of Marfrak Realty Corp. v Samfred Realty Corp., 140 A.D.2d 524, lv denied 74 N.Y.2d 614).

Concur — Sullivan, J.P., Ellerin, Nardelli, Williams and Andrias, JJ.


Summaries of

Bogard v. Paul

Appellate Division of the Supreme Court of New York, First Department
Sep 23, 1997
242 A.D.2d 479 (N.Y. App. Div. 1997)
Case details for

Bogard v. Paul

Case Details

Full title:RONALD BOGARD, Appellant, v. RODMAN W. PAUL, JR., et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 23, 1997

Citations

242 A.D.2d 479 (N.Y. App. Div. 1997)
662 N.Y.S.2d 475

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