Meehan v. Nassau Community College
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J. P.
These two proceedings present a common issue, to wit, whether an arbitration award issued by a tripartite board of arbitrators is subject to vacatur pursuant to CPLR 7511 (b) (1) on the ground that one of the two party-designated arbitrators had direct personal knowledge of the disputed facts and gave testimony with respect thereto. We hold that the CPLR does not authorize vacatur on this ground. We therefore reverse the judgment of the Supreme Court in Proceeding No. 2, which *14vacated the award made in what the parties refer to as the “overload case”.…
2Cases cited25 opinions
- In Re Arbitration Between Astoria Medical Group & Health Insurance PlanNew York Court of Appeals · 1962
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- In Re the Arbitration Between Siegel & LewisNew York Court of Appeals · 1976
- In re the Arbitration between Granite Worsted Mills, Inc. & Aaronson Cowen, Ltd.New York Court of Appeals · 1969
- In Re Arbitration Between J. P. Stevens & Co. & Rytex Corp.New York Court of Appeals · 1974
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3Cited by10 opinions
- Glatzer v. GlatzerAppellate Division of the Supreme Court of the State of New York · 2010
- Raitport v. Salomon Smith Barney, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Berg v. BergAppellate Division of the Supreme Court of the State of New York · 2011
- Clean Pro Carpet & Upholstery Care, Inc. v. Upper Pontalba of Old Metairie Condominium Association, Inc.District Court, E.D. Louisiana · 2021
- Hartford v. Local Union No.Connecticut Superior Court · 2003
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