Yaffe v. Mintz & Fraade, P. C.

—Amended order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered April 28, 2000, which, insofar as appealed from, confirmed an arbitration award in favor of petitioners and against respondent, unanimously affirmed, with costs.

Respondent fails to make a clear and convincing showing that its absent witness could have presented any evidence that was not already before the arbitrator, or that could not have been presented to the arbitrator by way of documents that ought to have been preserved as a record of respondent’s business. Thus, respondent’s…