Channel Textile Co. v. Items, Inc. of California

Judgment, Supreme Court, New York County (Jacqueline Silbermann, J.), entered February 2, 1989, which confirmed an arbitrators’ award dated October 24, 1988 in the amount of $127,365.05, unanimously affirmed, with costs.

Respondent-appellant (appellant) is not entitled to a vacatur of the award recovered by petitioner-respondent because appellant’s attorneys failed to appear in the arbitration proceeding after proper notice. (See, 8 Weinstein-Korn-Miller, NY Civ Prac ¶ 7506.21.) Appellant actually received eight notices that the proceeding had commenced. These notices sent by the American…