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BOWMER v. BOWMER

50 N.Y.2d 288 (1980)

John V. Bowmer, Appellant, v. Dorothy B. Bowmer, Respondent.

Court of Appeals of the State of New York.

Decided May 1, 1980.

Attorney(s) appearing for the Case

Paul J. Goldberg, Michael F. Fitzgerald and Susan B. Kaufman for appellant.

Theodore Sternklar and Robert N. Chan for respondent.

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

FUCHSBERG, J.

Confronting in this case the increasingly common use of arbitration in the context of a dispute between former spouses, we hold that a separation agreement's broadly worded arbitration clause, which additionally draws attention to matters specifically made arbitrable elsewhere in the agreement, does not confer authority upon the arbitrator to pass on the...

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