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MATTER OF PUBLISHERS' ASSN. (NEWSPAPER UNION)

280 A.D. 500 (1952)

In the Matter of the Arbitration between Publishers' Association of New York City, on Behalf of News Syndicate Co., Inc., Respondent, and Newspaper and Mail Deliverers' Union of New York and Vicinity, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1952.

Attorney(s) appearing for the Case

Stephen C. Vladeck of counsel (Milton Horowitz with him on the brief; Vladeck and Elias, attorneys), for appellant.

J. Howard Carter of counsel (Andrew L. Hughes with him on the brief; Townley, Updike & Carter, attorneys), for respondent.

COHN, J. P., and VAN VOORHIS, J., concur with BERGAN, J.; CALLAHAN and HEFFERNAN, JJ., dissent and vote to affirm, in opinion.

BERGAN, J.

The question presented by this appeal is the enforcement by the judicial power of the State of a penalty imposed by arbitrators as punishment for a breach of contract. The arbitrators fixed the actual damage arising from the breach and assessed an additional amount which they denominated "punitive damages or money penalty".

The contract pursuant to which the arbitration was had gave express...

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