MATTER OF SHERMAN FITZPATRICK & CO., INC.


181 A.D.2d 581 (1992)

In the Matter of the Arbitration between Sherman Fitzpatrick & Co., Inc., Appellant, and David Lerner Associates, Inc., Respondent, et al., Respondent

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

March 24, 1992


Petitioner unwittingly negotiated bonds stolen from respondent by one of its employees. In the arbitration demand by petitioner for reimbursement of its losses, the arbitrator denied petitioner's claims, and directed that petitioner deliver to respondent all of the bonds for which respondent had made restitution to the owners. Petitioner now asserts that the arbitrator was without authority to order the return of the bonds to respondent, as respondent had not asserted a formal...

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