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JOAN HANSEN & CO. v. EVERLAST

13 N.Y.3d 168 (2009)

In the Matter of JOAN HANSEN & COMPANY, INC., Respondent, v. EVERLAST WORLD'S BOXING HEADQUARTERS CORP., Appellant.

Court of Appeals of New York.

Decided October 15, 2009.

Attorney(s) appearing for the Case

Schlacter & Associates, New York City (Jed R. Schlacter of counsel), and Edward R. Epstein, Fort Lauderdale, Florida, for for appellant.

Phillips Nizer LLP, New York City (George Berger and Bruce J. Turkle of counsel), for respondent.

Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

GRAFFEO, J.

In this case, we hold that after issuance of an arbitration award, a party may not seek to reopen the arbitration proceeding to request that the arbitrators consider an issue that was not previously presented to the panel.

Everlast World's Boxing Headquarters Corp. is a major seller of boxing-related merchandise and athletic apparel. In 1983, Everlast hired Joan Hansen...

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