In Re the Arbitration Between Torano & Motor Vehicle Accident Indemnification Corp.

Bebgau, J. (dissenting).

There surely must be a point at which an award by an arbitrator is so shockingly disproportionate as to require judicial intervention. The statutory ground for such intervention is ‘ ‘ partiality of an arbitrator appointed as a neutral ” (CPLR 7511, [b], 1, [ii]). The court held in Matter of Phillips (Amer. Cas. Co.) (9 N Y 2d 873) the point for intervention had not been reached in that case where appellant argued that the disproportion of the award to the damage demonstrated partiality. (See dissenting memorandum of Froessel and Foster, JJ., p. 875.)

But the present…