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MATTER OF TOUSSIE v. COASTAL DEV., LLC

650227/16, 6565, 6564.

161 A.D.3d 533 (2018)

78 N.Y.S.3d 294

2018 NY Slip Op 03486

In the Matter of Robert Toussie et al., Respondents, v. Coastal Development, LLC, et al., Appellants.

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

Decided May 15, 2018.

Because respondents raised the alleged limitation on the arbitrator's authority during the arbitration, as well as in opposition to petitioners' motion to confirm and in support of their motion to vacate, they did not wave their right to challenge the award (Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 309 [1984]; Matter of Campbell v New York City Tr. Auth., 32 A.D.3d 350, 352 [1st...

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