M.T.M. Beverages Corp. v. Pepsi Cola Bottling Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from a judgment of the Supreme Court, Queens County (Thomas, J.), dated June 2, 1998, which, inter alia, denied the petition and granted the respondent’s cross application to confirm the arbitration award.
Ordered that the judgment is affirmed, with costs.
It is well settled that the decision of “[w]hether to grant or refuse an adjournment is generally within the discretion of the arbitrator, and it is only if that discretion is abused that misconduct results” (Harwyn Luggage v Henry Rosenfeld,…
2Cases cited8 opinions
- Omega Contracting, Inc. v. Maropakis Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Harwyn Luggage, Inc. v. Henry Rosenfeld, Inc.New York Court of Appeals · 1983
- Harwyn Luggage, Inc. v. Henry Rosenfeld, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Doris Trading Corp. v. Melody Knitting Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Trivino v. Allcity InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by4 opinions
- Kaufman v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- IBK Enterprises, Inc. v. Onekey, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- IBK Enterprises, Inc. v. Onekey, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Gassman Baiamonte Gruner, P.C. v. KatzAppellate Division of the Supreme Court of the State of New York · 2018