Chase v. Scalici

Weinstein, J. (dissenting).

I would affirm the order of the Appellate Term.

Notwithstanding the sound legal reasoning expressed by my learned colleagues in the majority opinion, I am compelled to reach a contrary conclusion in view of the peculiar circumstances of this case. The commencement of separate actions for the recovery of attorney’s fees, the ordering of a joint trial of two actions, without consolidation, before a single arbitrator and the rendition of two separate awards, one in favor of plaintiff and one in favor of defendant, created a situation which was confusing at best.

In…