New York Court of Appeals
In the Matter of the Arbitration between Carmen I. Falzone, Now Known as Carmen I. Cordero, and New York Central…
October 21, 201015 N.Y.3d 530
Summary
The New York Court of Appeals affirmed the Appellate Division's order confirming the SUM arbitration award, holding that an arbitrator's discretion to determine the preclusive effect of a prior award is exclusive and that failure to address a collateral estoppel argument is not a ground for vacating the award. The Court emphasized the limited judicial review of arbitration awards under CPLR 7511. A dissent argued that the arbitrator exceeded his authority by ignoring the prior causation finding.