MATTER OF STOLTHAVEN PERTH AMBOY, INC. v. JLM MARKETING INC.


47 A.D.3d 414 (2008)

849 N.Y.S.2d 513

In the Matter of STOLTHAVEN PERTH AMBOY, INC., Respondent-Appellant, v. JLM MARKETING, INC., Appellant-Respondent.

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

Decided January 3, 2008.


All three arbitrators affirmed the award in the same form, although the signatures of the majority were not notarized. That necessity was eliminated by the Legislature in 1981 (see Weinstein-Korn-Miller, NY Civ Prac ¶ 7507.02). Even were we to find a defect in the affirmations of the majority, we would not vacate the award (see MBNA Am. Bank, N.A. v Anastasio, 35 A.D.3d 474 [2006]).

The arbitration award was not...

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