61 N.Y.2d 299 (1984)

In the Matter of the Arbitration between Rosalyn Silverman, as Executrix of Ben Silverman, Deceased, Respondent, and Benmor Coats, Inc., Appellant. (And Another Proceeding.) Crawford S. Norris, Respondent, v. Robert R. Cooper, Appellant.

Court of Appeals of the State of New York.

Decided February 28, 1984.

Attorney(s) appearing for the Case

Alan J. Pomerantz for appellant in the first above-entitled proceeding.

Stanley M. Langer for respondent in the first above-entitled proceeding.

John B. Sherman and Steven L. Cohen for appellant in the second above-entitled proceeding.

Christopher R. Belmonte and Alan R. Wentzel for respondent in the second above-entitled proceeding.

Judges JONES, WACHTLER and SIMONS concur with Judge MEYER; Judge KAYE dissents and votes to reverse in a separate opinion in which Chief Judge COOKE and Judge JASEN concur; Chief Judge COOKE dissents in a memorandum.


Because arbitration will not be stayed unless the entire controversy is nonarbitrable, participation in an arbitration involving one or more arbitrable issues does not waive the participant's right to seek vacatur of the award as in excess of the arbitrator's powers pursuant to CPLR 7511 (subd [b], par 1, cl [iii]). An award may not be vacated at the instance of a participant, however, unless the limitation...


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