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12 New York opinions name it 3 courts 1932–2025 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Joan Hansen & Co. v. Everlast World's Boxing Headquarters Corp.green2 sentences2013It is well settled that an arbitrator may not rule on a matter not submitted for determination (Matter of Joan Hansen & Co., Inc. v Everlast World’s Boxing Headquarters Corp., 13 NY3d 168, 173 [2009]). 2013It is well settled that an arbitrator may not rule on a matter not submitted for determination (Matter of Joan Hansen & Co., Inc. v Everlast World’s Boxing Headquarters Corp., 13 NY3d 168, 173 [2009]). | 2 | 2 |
British Overseas Airways Corp. v. International Ass'n of Machinists & Aerospace Workersgreen2 sentences1977(Fayetteville-Manlius Teachers Assn.) ( 51 AD2d 91, 96 [dissenting opn], revd for reasons stated in dissenting opn 41 NY2d 818 , decided February 8, 1977), the parameters of a remedy awarded by an arbitrator for a violation of a collective bargaining agreement are indeed very broad and unless limited by the plain terms of the submission, the arbitrator is free to grant any relief reasonably fitting and necessary to the final determination of the matter submitted to him (see Matter of British Overseas Airways Corp. v International Assn, of Machinists & Aerospace Workers, AFL-CIO, 39 AD2d, 900, 1976The authority of an arbitrator, which I submit is determinative of the. case at bar, is succinctly stated in Matter of British Overseas Airways Corp. v International Assn. of Machinists & Aerospace Workers, AFL-CIO ( 32 NY2d 823 ) in which the court affirmed on the dissenting opinion at the Appellate Division of the First Department ( 39 AD2d 900 ). | 1 | 2 |
Westerbeke Corporation v. Daihatsu Motor Co., Ltd.green2 sentences2025Put differently, nothing in the Arbitrator's analysis "contradict[ed] an express and unambiguous term of [a] contract" or "depart[ed] from the terms of [any] agreement" so that it was "not even arguably derived from the contract" ( Wien & Malkin , 6 NY3d at 485, quoting Westerbeke Corp. v Daihatsu Motor Co., Ltd. , 304 F3d 200, 222 [2d Cir 2002]; see also Gemstar-TV Guide Intern., Inc. v Yuen , 17 Misc 3d 1135(A) , at *6 [Sup Ct, NY County, 2007] [confirming arbitration award over objection where arbitrator's "ruling do not contradict any express terms in the parties' contracts, and are conson 2025Put differently, nothing in the Arbitrator's analysis "contradict[ed] an express and unambiguous term of [a] contract" or "depart[ed] from the terms of [any] agreement" so that it was "not even arguably derived from the contract" ( Wien & Malkin , 6 NY3d at 485, quoting Westerbeke Corp. v Daihatsu Motor Co., Ltd. , 304 F3d 200, 222 [2d Cir 2002]; see also Gemstar-TV Guide Intern., Inc. v Yuen , 17 Misc 3d 1135(A) , at *6 [Sup Ct, NY County, 2007] [confirming arbitration award over objection where arbitrator's "ruling do not contradict any express terms in the parties' contracts, and are conson | 1 | 1 |
Matter of Board of Education of Amityville Union Free School District v. Amityville Teacher's Ass'ngreen1 sentence2018Thus, the matter should be remitted to the arbitrator for a hearing and determination solely of that issue ( Matter of Board of Educ. of Amityville Union Free School Dist. v Amityville Teacher's Assn. , 62 AD3d 992, 993 [2d Dept 2009]). | 1 | 1 |
In re the Arbitration between Bongiovanni & City of Niagara Fallsgreen1 sentence2009Accordingly, that portion of the award should have been vacated and the matter remitted to the arbitrator for a hearing and for a determination solely of that issue (see Matter of Lindenhurst Union Free School Dist. v Teachers Assn. of Lindenhurst, 215 AD2d 657 ; Matter of Bongiovanni [City of Niagara Falls], 181 AD2d 1033, 1033 [1992]). | 1 | 1 |
City of New York v. Uniformed Firefighters Ass'ngreen1 sentence1986That the parties’ collective bargaining agreement may have contemplated submitting such issues to an arbitrator is not relevant, for "the broadest of arbitration agreements cannot oust our courts from their role in the enforcement of major State policies, especially those embodied in statutory form” (Matter of Aimcee Wholesale Corp. [Tomar Prods.], supra, p 629; see, City of New York v Uniformed Firefighters Assn., 87 AD2d 255, 261 [Silverman, J., concurring], revd on other grounds 58 NY2d 957 ). | 1 | 1 |
City of New York v. UNIFORMED FIREFIGHTERS ASS'N, LOCAL 94, IAFF, AFL-CIOgreen1 sentence1986That the parties’ collective bargaining agreement may have contemplated submitting such issues to an arbitrator is not relevant, for "the broadest of arbitration agreements cannot oust our courts from their role in the enforcement of major State policies, especially those embodied in statutory form” (Matter of Aimcee Wholesale Corp. [Tomar Prods.], supra, p 629; see, City of New York v Uniformed Firefighters Assn., 87 AD2d 255, 261 [Silverman, J., concurring], revd on other grounds 58 NY2d 957 ). | 1 | 1 |
In re the Arbitration between Fayetteville-Manlius Central School District & Fayetteville-Manlius Teachers Ass'ngreen1 sentence1977(Fayetteville-Manlius Teachers Assn.) ( 51 AD2d 91, 96 [dissenting opn], revd for reasons stated in dissenting opn 41 NY2d 818 , decided February 8, 1977), the parameters of a remedy awarded by an arbitrator for a violation of a collective bargaining agreement are indeed very broad and unless limited by the plain terms of the submission, the arbitrator is free to grant any relief reasonably fitting and necessary to the final determination of the matter submitted to him (see Matter of British Overseas Airways Corp. v International Assn, of Machinists & Aerospace Workers, AFL-CIO, 39 AD2d, 900, | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Matter of British Overseas Airways Corp. v. Int'l Ass'n of MacHinists & Aerospace Workers, Afl-Cio
green
2 sentences1977(Fayetteville-Manlius Teachers Assn.) ( 51 AD2d 91, 96 [dissenting opn], revd for reasons stated in dissenting opn 41 NY2d 818 , decided February 8, 1977), the parameters of a remedy awarded by an arbitrator for a violation of a collective bargaining agreement are indeed very broad and unless limited by the plain terms of the submission, the arbitrator is free to grant any relief reasonably fitting and necessary to the final determination of the matter submitted to him (see Matter of British Overseas Airways Corp. v International Assn, of Machinists & Aerospace Workers, AFL-CIO, 39 AD2d, 900, 1976The authority of an arbitrator, which I submit is determinative of the. case at bar, is succinctly stated in Matter of British Overseas Airways Corp. v International Assn. of Machinists & Aerospace Workers, AFL-CIO ( 32 NY2d 823 ) in which the court affirmed on the dissenting opinion at the Appellate Division of the First Department ( 39 AD2d 900 ). | 2 | 1976–1977 |
Lindenhurst Union Free School District v. Teachers Ass'n
green
1 sentence2009Accordingly, that portion of the award should have been vacated and the matter remitted to the arbitrator for a hearing and for a determination solely of that issue (see Matter of Lindenhurst Union Free School Dist. v Teachers Assn. of Lindenhurst, 215 AD2d 657 ; Matter of Bongiovanni [City of Niagara Falls], 181 AD2d 1033, 1033 [1992]). | 1 | 2009–2009 |
Board of Education of the Dover Union Free School District v. Dover-Wingdale Teachers' Ass'n
green
1 sentence1990Because the appellant requested the arbitrator to rule upon the issue now claimed to have been beyond his remedial power, and the award has a rational basis, it cannot be said that the arbitrator exceeded his power in issuing the award (see, Matter of Board of Educ. v DoverWingdale Teacher’s Assn., 61 NY2d 913 ). | 1 | 1990–1990 |
United Steelworkers v. Enterprise Wheel & Car Corp.
green
1 sentence1977In formulating remedies, it is essential that an arbitrator have broad flexibility in order to meet a "wide variety of situations” (Steelworkers v Enterprise Corp., 363 US 593, 597 ). | 1 | 1977–1977 |
In Re the Arbitration Between Fayetteville-Manlius Central School District & Fayetteville-Manlius Teachers Ass'n
neutral
1 sentence1977(Fayetteville-Manlius Teachers Assn.) ( 51 AD2d 91, 96 [dissenting opn], revd for reasons stated in dissenting opn 41 NY2d 818 , decided February 8, 1977), the parameters of a remedy awarded by an arbitrator for a violation of a collective bargaining agreement are indeed very broad and unless limited by the plain terms of the submission, the arbitrator is free to grant any relief reasonably fitting and necessary to the final determination of the matter submitted to him (see Matter of British Overseas Airways Corp. v International Assn, of Machinists & Aerospace Workers, AFL-CIO, 39 AD2d, 900, | 1 | 1977–1977 |
In re Arbitration between Milliken Woolens, Inc. & Weber Knit Sportswear, Inc.
green
2 sentences1976And, "[s]ince waiver is a matter of intention * * * the touchstone * * * is the knowledge, actual or constructive, in the complaining party of the tainted relationship or interest of the arbitrator” (Matter of Milliken Woolens [Weber Knit Sportswear], 11 AD2d 166, 168-169 , affd 9 NY2d 878 ; see, also, Domke, Commercial Arbitration, § 21.04). * With these principles in mind, we note that the parties here agree that the relationship between each of the arbitrators and Lewis was well known to Siegel when their contract was entered into. 1976And, "[s]ince waiver is a matter of intention * * * the touchstone * * * is the knowledge, actual or constructive, in the complaining party of the tainted relationship or interest of the arbitrator" ( Matter of Milliken Woolens [Weber Knit Sportswear] , 11 AD2d 166, 168-169 , affd 9 N.Y.2d 878 ; see, also, Domke, Commercial Arbitration, § 21.04). [*] With these principles in mind, we note that the parties here agree that the relationship between each of the arbitrators and Lewis was well known to Siegel when their contract was entered into. | 1 | 1976–1976 |
In re the Arbitration between Napolitano & Motor Vehicle Accident Indemnification Corp.
green
1 sentence1976The Court of Appeals has "repeatedly held that the jurisdiction of the arbitrator under a standard MVAIC [uninsured motorist] endorsement is limited to the fact issues of fault and damages” (Matter of Napolitano [MVAIC], 21 NY2d 281, 284 , supra). | 1 | 1976–1976 |
G. E. Howard & Co. v. Daley
green
1 sentence1976The parameters of the remedy awarded by an arbitrator for a violation of a collective bargaining agreement are indeed very broad (Matter of Howard & Co. v Daley, 27 NY2d 285 ). | 1 | 1976–1976 |
In re the Arbitration between Milliken Woolens, Inc. & Weber Knit Sportswear, Inc.
green
2 sentences1976And, "[s]ince waiver is a matter of intention * * * the touchstone * * * is the knowledge, actual or constructive, in the complaining party of the tainted relationship or interest of the arbitrator” (Matter of Milliken Woolens [Weber Knit Sportswear], 11 AD2d 166, 168-169 , affd 9 NY2d 878 ; see, also, Domke, Commercial Arbitration, § 21.04). * With these principles in mind, we note that the parties here agree that the relationship between each of the arbitrators and Lewis was well known to Siegel when their contract was entered into. 1976And, "[s]ince waiver is a matter of intention * * * the touchstone * * * is the knowledge, actual or constructive, in the complaining party of the tainted relationship or interest of the arbitrator" ( Matter of Milliken Woolens [Weber Knit Sportswear] , 11 AD2d 166, 168-169 , affd 9 N.Y.2d 878 ; see, also, Domke, Commercial Arbitration, § 21.04). [*] With these principles in mind, we note that the parties here agree that the relationship between each of the arbitrators and Lewis was well known to Siegel when their contract was entered into. | 1 | 1976–1976 |
Hinkle v. . Zimmerman
neutral
1 sentence1932(Hinkle v. Zimmerman, 184 N. Y. 114, 116 .) It is the exclusive means of proving a waiver where the fact of waiver is in dispute. | 1 | 1932–1932 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.