IN RE: Arbitration between SHELDON E. GOLDSTEIN (2000)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Arbitration between SHELDON E. GOLDSTEIN, P.C., Petitioner-Respondent, Raffael “Ralph” RIVERSO, Respondent-Appellant.

Decided: October 12, 2000

ROSENBERGER, J.P., WILLIAMS, LERNER, SAXE and BUCKLEY, JJ.

Daniel C. Callaway, for Petitioner-Respondent. Joseph J. Ranni, for Respondent-Appellant.

Order and judgment (one paper), Supreme Court, New York County (William Wetzel, J.), entered October 14, 1999, which confirmed an arbitration award in favor of petitioner and adjudged that petitioner recover from respondent the total sum of $40,554.51, unanimously affirmed, without costs.

The arbitration award of legal fees was supported by the record and in accord with the applicable law, and was properly confirmed. In any event, an arbitrator's award “will not be vacated even though ․ his interpretation of the agreement misconstrues or disregards its plain meaning or misapplies substantive rules of law, unless it is violative of a strong public policy, or is totally irrational ․” (Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 308, 473 N.Y.S.2d 774, 461 N.E.2d 1261; see also, Matter of Turkewitz [Fuchsberg & Fuchsberg], 273 A.D.2d 149, 710 N.Y.S.2d 891). We note as well that in arbitration respondent failed to plead the affirmative defense of the Statute of Frauds and accordingly may not now have the award vacated on that ground.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network