MATTER OF BROWN-TURNER, INC.


5 A.D.2d 817 (1958)

In the Matter of the Arbitration between Brown-Turner, Inc., Appellant, and Complete Machinery & Equipment Co., Inc., Respondent Complete Machinery & Equipment Co., Inc., v. Brown-Turner, Inc., Appellant

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

February 18, 1958


Order vacating portions of an arbitration award modified on the law, and as so modified affirmed, with costs to appellant.

Special Term was in error in disturbing that portion of the award which found petitioner-appellant was entitled to $18,425 on its claims. The arbitrators did not exceed their powers in awarding damages to appellant since its claims were not restricted to a demand for damages for delay. Since the award to appellant could have included these other...

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