In re the Arbitration between Shefa Brucha Inc. & Topaz Electronics, Inc.

Order and judgment (one paper), Supreme Court, New York County (Salvador Collazo, J.), entered September 14, 1995, which granted petitioners’ application to confirm an arbitration award and awarded petitioners the principal sum of $221,947, unanimously affirmed, without costs.

An arbitration award may be vacated where the movant "neither participated in the arbitration nor was served with a notice of intention to arbitrate” (CPLR 7511 [b] [2]). The absence of such service must be proven by competent evidence from a witness with personal knowledge (Matter of Asoma [Bangkok] Co. [Thai Flourite…