Search for: "Malkin v. Malkin"
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10 May 2024, 6:00 am
.), or where the arbitrator " 'manifestly disregard[s]' the substantive law applicable to the parties' dispute" (Schiferle v Capital Fence Co., Inc., 155 AD3d 122, 127 [4th Dept 2017], quoting Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, 479 [2006], cert dismissed 548 US 940 [2006]; see Matter of Gerber v Goldberg Segalla LLP, 199 AD3d 1354, 1355 [4th Dept 2021]). [read post]
10 May 2024, 6:00 am
.), or where the arbitrator " 'manifestly disregard[s]' the substantive law applicable to the parties' dispute" (Schiferle v Capital Fence Co., Inc., 155 AD3d 122, 127 [4th Dept 2017], quoting Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, 479 [2006], cert dismissed 548 US 940 [2006]; see Matter of Gerber v Goldberg Segalla LLP, 199 AD3d 1354, 1355 [4th Dept 2021]). [read post]
21 Dec 2023, 6:00 am
This is a guest post by the Law Librarian of Congress, Aslihan Bulut. [read post]
5 Jul 2023, 6:00 am
"[J]udicial review of arbitration awards is extremely limited" (Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, 479 [2006], cert dismissed 548 US 940 [2006]). [read post]
5 Jul 2023, 6:00 am
"[J]udicial review of arbitration awards is extremely limited" (Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, 479 [2006], cert dismissed 548 US 940 [2006]). [read post]
29 Mar 2023, 9:47 am
Malkin v. [read post]
Courts will not assume the role of overseers to conform an arbitration award to its sense of justice
23 Mar 2023, 4:33 am
Indeed, observed the Appellate Division, even where an arbitrator "makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice", citing Matter of New York State Correctional Officers and Police Benevolent Assn. v State of New York, 94 NY2d at 326; and Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d at 479-480). [read post]
Courts will not assume the role of overseers to conform an arbitration award to its sense of justice
23 Mar 2023, 4:33 am
Indeed, observed the Appellate Division, even where an arbitrator "makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice", citing Matter of New York State Correctional Officers and Police Benevolent Assn. v State of New York, 94 NY2d at 326; and Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d at 479-480). [read post]
7 Feb 2023, 5:00 am
Noting the ruling in Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, [cert. [read post]
7 Feb 2023, 5:00 am
Noting the ruling in Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, [cert. [read post]
31 Oct 2022, 6:00 am
Addressing Respondent's contention that Petitioner submitted "false responses to discovery demands", citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, the court opined that "there was at least 'a barely colorable justification' for the arbitrator's conclusion that there was a lack of competent evidence to support [Respondent's] claim of false discovery disclosures". [read post]
31 Oct 2022, 6:00 am
Addressing Respondent's contention that Petitioner submitted "false responses to discovery demands", citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, the court opined that "there was at least 'a barely colorable justification' for the arbitrator's conclusion that there was a lack of competent evidence to support [Respondent's] claim of false discovery disclosures". [read post]
23 May 2022, 5:59 am
The event has been revamped with new commentary on recent cases and legislative topics, including: GSK v. [read post]
29 Apr 2022, 5:01 am
In Francis v. [read post]
7 Apr 2022, 5:00 am
Citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471and other decisions, the Appellate Division explained that judicial review of arbitration awards is extremely limited, and an arbitration award may be vacated by a court only in the event "an arbitrator exceeds his or her power" and arbitrators exceed their power only in the event the award issued "violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on… [read post]
7 Apr 2022, 5:00 am
Citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471and other decisions, the Appellate Division explained that judicial review of arbitration awards is extremely limited, and an arbitration award may be vacated by a court only in the event "an arbitrator exceeds his or her power" and arbitrators exceed their power only in the event the award issued "violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on… [read post]
5 Nov 2020, 7:00 am
Citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471and other decisions, the Appellate Division observed that "A court may vacate an arbitration award on the ground that the arbitrator exceeded his [or her] powers within the meaning of CPLR 7511(b)(1)(iii) only where the arbitrator's award violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power. [read post]
5 Nov 2020, 7:00 am
Citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471and other decisions, the Appellate Division observed that "A court may vacate an arbitration award on the ground that the arbitrator exceeded his [or her] powers within the meaning of CPLR 7511(b)(1)(iii) only where the arbitrator's award violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power. [read post]
[Eugene Volokh] More in the Saga of the Escaped Cat, Here Meowing About "a Russian/Israeli Oligarch"
24 Aug 2020, 3:31 pm
In today's decision by Judge Ronnie Abrams (S.D.N.Y.) in Rollag v. [read post]
