Lee v. Omni Berkshire Place Hotel

Order and judgment (one paper), Supreme Court, New York County (Walter Tolub, J.), entered *287on or about January 29, 2002, which denied petitioner room service waiter’s application to vacate an arbitration award sustaining respondent hotel’s discharge of petitioner for inserting an unauthorized gratuity on a guest’s check, and dismissed the petition, unanimously affirmed, without costs.

Giving petitioner’s allegations concerning the evidence adduced at the arbitration hearing the benefit of every favorable inference, and accepting his claim that under no fair interpretation thereof could a…