Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Garrity v. Lyle Stuart, Inc.

Court of Appeals of New York
353 N.E.2d 793 (1976)


Garrity (plaintiff) is the author of two books that Lyle Stuart, Inc. (Lyle) (defendant) published. The publishing contracts contained arbitration clauses, but neither provided for an award of punitive damages. The parties got into a disagreement and Garrity sued for damages. Garrity then brought a second lawsuit, alleging “malicious” withholding of $45,000 in royalties for the purpose of coercing her into dropping the first lawsuit. The second lawsuit was sent to arbitration, as required by the contract. The parties participated in the selection of arbitrators and attended arbitration. Garrity petitioned the arbitrators for both compensatory and punitive damages. Lyle objected to Garrity’s standing and the way the arbitration was conducted, but did not specifically object to the request for punitive damages. The arbitrators rejected Lyle’s objections and Lyle walked out of the arbitration. The arbitrators awarded Garrity $45,000 in compensatory damages and $7,500 in punitive damages. Garrity filed a motion with the trial court to confirm the award, to which Lyle objected, for the first time, that the arbitrators’ punitive damages award was beyond the scope of authority of the arbitrators. Garrity argued that this objection had been waived because it was not raised at the arbitration. The trial court confirmed the award. The court of appeals affirmed. Lyle appealed to the Court of Appeals of New York.

Rule of Law


Holding and Reasoning (Breitel, C.J.)

Dissent (Gabrielli, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 489,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 489,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial