What is the test for setting aside an award in a personal injury case?
The following excerpt is from Schine Enterprises, Inc. v. Real Estate Portfolio of New York, Inc., 26 N.Y.2d 799, 309 N.Y.S.2d 222 (N.Y. 1970):
[26 N.Y.2d 801] Order affirmed, with costs, in the following memorandum: In view of a contention urged upon us by the appellants, we [257 N.E.2d 666] think it appropriate to note that, contrary to statements contained in Fudickar v. Guardian Mutual Life Ins. Co., 62 N.Y. 392--upon which reliance is placed--an award will not be set aside even '(i)f it appear upon (its) face * * * that the arbitrators intended to decide the case according to the law, and the grounds for their decision are set out, which in law do not justify it' (p. 401).
All concur.
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