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MATTER OF GROSSMAN v. ILOWITZ

2008-05946

72 A.D.3d 821 (2010)

898 N.Y.S.2d 621

In the Matter of RAPHAEL GROSSMAN et al., Appellants, v. YAAKOV AARON ILOWITZ et al., Respondents. (Proceeding No. 1.) In the Matter of YAAKOV AARON ILOWITZ et al., Respondents, v. RAPHAEL GROSSMAN et al., Appellants. (Proceeding No. 2.)

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

Decided April 13, 2010.

Ordered that the order dated May 22, 2008, is affirmed, without costs or disbursements.

The appellants contend that the arbitrators exceeded their powers in granting injunctive relief in the award dated August 4, 2005, and in enforcing that injunction in the subsequent award dated May 29, 2007, which forfeited their monetary award based upon the violation of that injunction. The Court of Appeals has ruled that "[s]uch an...

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