In the Matter of the Arbitration between Raisler Corporation, and New York City Housing Authority, and A. Rosen & Son

Summary

The New York Court of Appeals affirmed the Appellate Division’s order confirming the arbitration award. It held that compliance with the five‑day notice‑of‑claim condition precedent is initially a question for the courts and that the arbitrator’s refusal to decide that issue is not subject to judicial review. The Court also held that the arbitrator was within his authority to award damages directly against Silberblatt as a third‑party indemnitor, and that any alleged error of law by the arbitrator is unreviewable absent an agreement provision. Accordingly, the award was confirmed and the appeals dismissed.