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AZRIELANT v. AZRIELANT

301 A.D.2d 269 (2002)

752 N.Y.S.2d 19

AYA AZRIELANT, Appellant-Respondent, v. OFER AZRIELANT, Respondent, and ANDIN INTERNATIONAL INC., Respondent-Appellant.

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

December 10, 2002.

Attorney(s) appearing for the Case

Robert A. Weiner of counsel, New York City (Elliot Silverman, Jacob W. Heller and Alan A. Heller on the brief; McDermott, Will & Emery and Heller, Horowitz & Feit, P.C., attorneys), for appellant-respondent.

Amnon Shiboleth of counsel, New York City (Shiboleth, Yisraeli, Roberts & Zisman, LLP, attorneys), for Ofer Azielant, respondent.

John M. O'Connor of counsel, New York City (Stanley A. Bowker and Mark Weldon on the brief; Anderson Kill & Olick, P.C., attorneys), for Andin International Inc., respondent-appellant.

NARDELLI, J.P., MAZZARELLI, SULLIVAN and RUBIN, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

At issue before us is the correctness of a court's vacatur of an arbitration award on the ground that, by imposing punitive damages for breach of certain of its terms, the award violates the public policy of this State, which reserves to itself the sanction of punitive damages. We hold that, to reach its conclusion that the award imposes punitive damages, the court engaged in an analysis of the award that exceeded the limits...

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