MATTER OF FABERGE, INC.


149 A.D.2d 369 (1989)

In the Matter of the Arbitration between Faberge, Incorporated, Formerly Known as McGregor Corporation, Appellant, and Felsway Corporation, Respondent

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

April 20, 1989


Respondent contends that the arbitrator exceeded his power by rendering an award based in part on a theory, and according petitioner a remedy that was not noticed in petitioner's demand for arbitration. Petitioner licensor's demand sought, inter alia, payment of a royalty which, under the parties' license agreement, was to be computed as a percentage of the business transacted by respondent licensee in the licensed product. As a necessary incident to such relief, the...

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