Hyperlawhypertext legal databasebeta In re the Arbitration between Cuzdey & American Motorists Insurance 37 N.Y.2d 939

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In re the Arbitration between Cuzdey & American Motorists Insurance

37 N.Y.2d 939 Court N.Y. Decision date 1975-11-19 English

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p. 939
In the Matter of the Arbitration between Terence Cuzdey, an Infant, by His Father, Peter Cuzdey, Appellant, and American Motorists Insurance Company, Respondent.
Submitted October 17, 1975;
decided November 19, 1975
p. 940
George H. Barber for appellant.
Dale M. Th uillez for respondent.

Memorandum. The order of the Appellate Division should be affirmed.

Both courts below were vested with discretion to be exercised in the light of all the facts and relevant circumstances in the given case, reviewable to a limited extent in this court. We are not disposed to overrule the exercise of discretion by the Appellate Division. (Cf. Murray v City of New York, 30 NY2d 113 .)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.

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