Judicial review of arbitration awards.

Practice point: Judicial review of arbitration awards is extremely limited.

Student note: The award can be vacated pursuant to CPLR 7511(b)(1)(iii) if it is clearly violative of a strong public policy, if it is totally or completely irrational, or if it manifestly exceeds a specific, enumerated limitation on the arbitrator's power. In addition, it may be vacated if the court finds that a party's rights were prejudiced by corruption, fraud or misconduct in procuring the award, pursuant to CPLR 7511[b][1][i].

Case: Matter of Cusimano v. Strianese Family Ltd. Partnership, NY Slip Op 05633 (2d Dept. 2012).

Here is the decision. 

Monday’s issue: Warranty of habitability.