AVAMER ASSOCIATES, L.P. v. 57 ST. ASSOCIATES, L.P.

1424.

67 A.D.3d 483 (2009)

890 N.Y.S.2d 2

2009 NY Slip Op 08080

AVAMER ASSOCIATES, L.P., et al., Respondents-Respondents, v. 57 ST. ASSOCIATES, L.P., Petitioner-Appellant.

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

Decided November 10, 2009.


As Supreme Court aptly stated, the arbitrators' acceptance of some of respondent's arguments in support of modification, and rejection of others, confirms that the arbitrators did not simply correct a miscalculation apparent on the face of the original award as clarified, but instead performed a later, separate analysis of the award's basis, i.e., of the actual figures used to calculate the total amount of damages. Further confirmation that the arbitrators were reconsidering...

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