Leslie Dowleyne v. New York City Transit Authority

3 N.Y.3d 633 (2004) 816 N.E.2d 191 782 N.Y.S.2d 401 In the Matter of LESLIE DOWLEYNE et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent. Court of Appeals of the State of New York. Decided June 29, 2004. Attorney(s) appearing for the Case Kennedy, Schwartz & Cure, P.C., New York City (Arthur Z. Schwartz and Elizabeth M. Pilecki of counsel), for appellants. Richard Schoolman, Brooklyn, for respondent. Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur. Opinion of the Court Memorandum. [3 N.Y.3d 634] The order of the Appellate Division should be reversed and the judgment of Supreme Court confirming the arbitration award reinstated, with costs. The Appellate Division’s vacatur cannot stand because it improperly substituted its factual finding for that of a majority of the arbitration panel. On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and judgment of Supreme Court, New York County, reinstated, in a memorandum.

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