MATTER OF SCHINE ENTERS., INC.


26 N.Y.2d 799 (1970)

In the Matter of the Arbitration between Schine Enterprises, Inc. et al., Respondents, and Real Estate Portfolio of New York, Inc. et al., Appellants.

Court of Appeals of the State of New York.

Decided February 19, 1970.


Attorney(s) appearing for the Case

Jesse Climenko, David Stein, Martin I. Shelton and Joseph A. Bondi for appellants.

Robert L. Ellis and Herman L. Weisman, pro se, for respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Order affirmed, with costs, in the following memorandum: In view of a contention urged upon us by appellants, we think it appropriate to note that, contrary to statements contained in Fudickar v. Guardian Mut. Life Ins. Co. (62 N.Y. 392) — upon which reliance is placed — an award will not be set aside even "[i]f it appear [therefrom] * * * that the arbitrators intended to decide the case according to the law, and the grounds for their decision are set out, which in law do not justify it". (p. 401).


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