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MATTER OF CAPITAL ENTERPRISES CO. v. DWORMAN

9688, 653961/16, 9687N.

173 A.D.3d 466 (2019)

104 N.Y.S.3d 48

2019 NY Slip Op 04494

In the Matter of Capital Enterprises Co., Petitioner, v. Alvin Dworman, Respondent. In the Matter of Capital Enterprises Co., Appellant, v. Alvin Dworman, Respondent. Sachs Investing Company et al., Nonparty Appellants.

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

Decided June 6, 2019.

The arbitrator did not exceed his authority in ordering the dissolution of the parties' partnership or in the manner in which he ordered the dissolution. The issue is within the scope of the arbitration clause, and was before the arbitrator in the statement of claim and throughout the hearing, and the arbitrator had broad discretion to fashion the remedy (Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 308 [1984]).

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