KiSka Construction Corp. USA v. Triborough Bridge & Tunnel Authority

Order and judgment (one paper), Supreme Court, New York County (Faviola Soto, J.), entered November 12, 2002, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to set aside a determination of the Triborough Bridge and Tunnel Authority (TBTA) arbiter, dated May 6, 2002, respecting the parties’ obligations pursuant to a bridge construction contract, unanimously affirmed, without costs.

Pursuant to the governing contract, a determination by the *322TBTA arbiter respecting the parties’ obligations thereunder may only be judicially disturbed if it is arbitrary…