In re the Arbitration between Phillips & American Casualty Co.

Majority

p. 689

In the Matter of the Arbitration between Mary E. Phillips, as Administratrix of the Estate of Edward R. Phillips, Deceased, Respondent, and American Casualty Company of Reading, Pennsylvania, Appellant.

Order granting motion of plaintiff respondent to vacate an arbitration award unanimously reversed, on the law, with $20 costs and disbursements to appellant, the motion denied with $10 costs, and the award reinstated. An arbitration award may not be vacated on the ground that it is erroneous in fact or in law (Matter of Lipman [Haeuser Shellac Co.], 289 N. Y. 76 , 80; Matter of Burke, 191 N. Y. 437 , 439; Matter of Brighton Mills, [Rayon Corp. of Amer.], 282 App. Div. 670 ; Matter of Spectrum Fabrics Corp. [Main St. Fashions], 285 App. Div. 710 , 714, affd. 309 N. Y. 709 ). Nor is it evident merely from the amount of this award that there was partiality, corruption, or other misconduct in the arbitrator (Civ. Prae. Act, § 1462, subds. 2, 3). Concur — Botein, P. J., Breitel, Rabin, Yalente and McNally, JJ.

Cases cited

In re Lipman 289 N. Y. 76 N.Y. 1942-07-29 at 80 p. 689
In re the Arbitration between Burke & Corn 191 N. Y. 437 N.Y. 1908-03-31 at 439 p. 689
In re the Arbitration between Spectrum Fabrics Corp. & Main Street Fashions, Inc. 309 N. Y. 709 N.Y. 1955-07-08 p. 689