Legal Opinion
In re the Arbitration between Ottley & Mostoff & Mostoff
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 1981PublishedCited by 5 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County, entered June 26, 1980, vacating the arbitration award and ordering a rehearing, unanimously reversed, on the law and on the facts, application to confirm granted and cross motion to disaffirm denied, without costs. Generally it is within the sound discretion of an arbitrator to grant or refuse an adjournment. An arbitrator commits misconduct when he abuses that discretion (Matter of Kool Air Systems [Syosset Institutional Bldrs], 22 AD2d 672; CPLR 7511, subd [b], par 1, cl [i]). The party challenging an arbitration award has the burden of proving…
2Cases cited2 opinions
- In re the Arbitration between Reale & B. Healy N. Y. Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- In re the Arbitration between Kool Air Systems, Inc. & Syosset Institutional Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
3Cited by5 opinions
- In re Arbitration between Bevona & Superior Maintenance Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Omega Contracting, Inc. v. Maropakis Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- In re the Arbitration between Herskovitz & L.B. Kaye Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 1991
- In re the Arbitration between Herskovitz & L.B. Kaye Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 1991
- Wugalter v. Constable Merchandising Corp.Civil Court of the City of New York · 1998