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MATTER OF HELP ME SEE, INC. v. WONDERWORK, INC.

5381N, 655667/16.

157 A.D.3d 455 (2018)

69 N.Y.S.3d 275

2018 NY Slip Op 00085

In the Matter of HELP ME SEE, INC., Respondent, v. WONDERWORK, INC., Formerly Known as SURGERY FOR THE POOR, INC., Appellant. CLARK KOKICH et al., Nonparty Intervenors.

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

Decided January 4, 2018.

The arbitration award was properly confirmed. Contrary to respondent's contention, the award did not improperly redirect specific charitable donations based on a determination of donor intent. Rather, it awarded expectation damages sufficient to restore petitioner to the position it would have been in had respondent performed as promised under the parties' agreement (see Emposimato v CIFC Acquisition Corp., 89 A.D.3d 418, 421 [1st...

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