KUDLER v. TRUFFELMAN

6093, 6094, 6095, 6096, 600237/08.

93 A.D.3d 549 (2012)

941 N.Y.S.2d 44

2012 NY Slip Op 2155

HOWARD KUDLER, Respondent, v. BARRY TRUFFELMAN et al., Appellants. HOWARD KUDLER, Appellant, v. BARRY TRUFFELMAN et al., Respondents.

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

Decided March 22, 2012.


As the partnership agreement between the parties did not involve interstate commerce, and was not covered by the Federal Arbitration Act, the award of punitive damages was improper under the rule in Garrity v Lyle Stuart, Inc. (40 N.Y.2d 354 [1976]), which, unless preempted, prohibits arbitrators from awarding punitive damages under New York public policy.

The court erred in confirming the arbitrator's decision to

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