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GARRITY v. LYLE STUART, INC.

40 N.Y.2d 354 (1976)

Joan Garrity, Respondent, v. Lyle Stuart, Inc., Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1976.

Attorney(s) appearing for the Case

Richard Goldsweig and Jack N. Albert for appellant.

Donald S. Engel for respondent.

Judges JASEN, FUCHSBERG and COOKE concur with Chief Judge BREITEL; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judges JONES and WACHTLER concur.

Chief Judge BREITEL.

Plaintiff author brought this proceeding under CPLR 7510 to confirm an arbitration award granting her $45,000 in compensatory damages and $7,500 in punitive damages against defendant publishing company. Supreme Court confirmed the award. The Appellate Division affirmed, one Justice dissenting, and defendant appeals.

The issue is whether an arbitrator has the power to award punitive...

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