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PAPAPIETRO v. POLLACK & KOTLER

9 A.D.3d 419 (2004)

781 N.Y.S.2d 42

CAROLE A. PAPAPIETRO, Respondent, v. POLLACK & KOTLER et al., Appellants.

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

July 19, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' assertions, the Supreme Court correctly determined that the arbitration panel's award for attorneys fees was not a "final and definite award," and therefore vacatur of the award was warranted pursuant to CPLR 7511 (b) (1) (iii). The panel expressly stated that it did not consider the "issue of the confession of judgment," which it deemed to be

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