Legal Opinion

W&HM Realty Co. v. 853 Seventh Avenue Owners, LLC

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 2005Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Richard F. Braun, J.), entered June 30, 2004, which, in a dispute over rent between petitioner landlord and respondent tenant submitted to a panel of appraisers, denied petitioner’s application to disqualify the neutral third appraiser for bias, and directed the parties to return to the appraisal before the same three-person panel, unanimously affirmed, with costs.

Petitioner fails to demonstrate that the neutral third appraiser, an employee of the real estate firm of Cushman & Wakefield attached to its Advisory Group, engaged in misconduct warranting…

2Cases cited5 opinions

  1. In Re the Arbitration Between Cross Properties, Inc. & Gimbel Bros.New York Court of Appeals · 1962
  2. In re the Arbitration between Cross Properties, Inc. & Gimbel Bros.Appellate Division of the Supreme Court of the State of New York · 1962
  3. Rose v. J.J. Lowrey & Co.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Bronx-Lebanon Hospital Center v. Signature Medical Management Group, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2004
  5. Aetna Casualty & Surety Co. v. JackAppellate Division of the Supreme Court of the State of New York · 1989

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