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IN THE MATTER OF OUTBACK STEAKHOUSE, INC. v. CONTRACTING MANAGEMENT, INC.

58 A.D.3d 855 (2009)

873 N.Y.S.2d 120

In the Matter of OUTBACK STEAKHOUSE, INC., Respondent, v. CONTRACTING MANAGEMENT, INC., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

January 27, 2009.

Ordered that the judgment is reversed, on the law and the facts, without costs or disbursements, the petition to confirm the award, as modified, is denied, the cross petition to vacate the award, as modified, is granted, and the arbitration award, as modified, is vacated.

We agree with Contracting Management, Inc., that the arbitrator exceeded his authority in modifying the original arbitration award by rendering wholly new determinations on matters not addressed...

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