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Rinaolo v. Berke

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1993
192 A.D.2d 329 (N.Y. App. Div. 1993)

Opinion

April 1, 1993

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).


Judicial review of an arbitration award is extremely limited. Indeed, such awards may not be vacated for mistakes of fact or law (Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 308). Plaintiffs have failed to demonstrate any of the grounds under CPLR 7511 (b) for vacating the instant arbitration award. The arbitrator did not exceed his powers or fail to properly execute them under the circumstances. While plaintiffs assert that the arbitrator failed to account for certain agreements and possible conflicts, it is clear that the arbitrator was aware of these agreements and alleged conflicts and plaintiffs' claims regarding them. Accordingly, inquiry into these specific claims is precluded by the arbitrator's plenary authority to rule on these issues pursuant to the relevant broad arbitration clauses. Moreover, the arbitrator's award does not bind the mortgagee in this case; the mortgagee may take whatever action it feels is necessary under the circumstances. Finally, we note that the arbitration award was certainly not "totally irrational" or contrary to public policy (supra, at 308).

We have considered all other claims and find them to be of no merit.

Concur — Sullivan, J.P., Milonas, Kassal and Rubin, JJ.


Summaries of

Rinaolo v. Berke

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1993
192 A.D.2d 329 (N.Y. App. Div. 1993)
Case details for

Rinaolo v. Berke

Case Details

Full title:ROBERT RINAOLO et al., Appellants, v. HOWARD BERKE et al., Respondents

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

Date published: Apr 1, 1993

Citations

192 A.D.2d 329 (N.Y. App. Div. 1993)
595 N.Y.S.2d 462

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