Matter of 1552 Broadway Retail Owner LLC v. McDonald's Corp.

Order and judgment (one paper), Supreme Court, New York County (Shirley Werner Kornreich, J.), entered February 8, 2017, inter alia, confirming an arbitration award dated February 23, 2016, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered January 10, 2017, which decided the parties’ respective motions to vacate and confirm the award, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Assuming that respondent engaged in misconduct in advancing certain arguments before the arbitrators, petitioner failed to show by clear and…