Legal Opinion
Moran v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided November 27, 2007PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 21, 2006, which denied petitioner’s motion to vacate an arbitration award and granted respondent’s cross motion to confirm the award, unanimously affirmed, without costs.
Petitioner failed to meet his heavy burden of showing arbitrator misconduct or partiality by clear and convincing proof (see CPLR 7511 [b] [1] [i], [ii]; Matter ofDember Constr. Corp. [New York Univ.], 190 AD2d 537 [1993]). His claim that the arbitrator fell asleep during critical portions of the proceeding was *485contradicted by respondent’s…
2Cases cited3 opinions
- Professional Staff Congress/City University of New York v. Board of Higher EducationNew York Court of Appeals · 1976
- In re the Arbitration between Dember Construction Corp. & New York UniversityAppellate Division of the Supreme Court of the State of New York · 1993
- Haynes v. New York City Department of Homeless ServicesAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- Veronica Telemaque v. New York City Board/Department of EducationAppellate Division of the Supreme Court of the State of New York · 2017
- 57th & 6th Ground LLC v. Carnegie House Tenants Corp.New York Supreme Court, New York County · 2026
- Matter of Grassel v. Department of Educ. of the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Piller v. EisnerAppellate Division of the Supreme Court of the State of New York · 2019