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Bay Ridge Toyota, Inc. v. Lyons

272 A.D.2d 397, 707 N.Y.S.2d 205, 2000 N.Y. App. Div. LEXIS 5105
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 8, 2000
StatusPublished
Cited by7 cases

This text of 272 A.D.2d 397 (Bay Ridge Toyota, Inc. v. Lyons) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bay Ridge Toyota, Inc. v. Lyons, 272 A.D.2d 397, 707 N.Y.S.2d 205, 2000 N.Y. App. Div. LEXIS 5105 (N.Y. Ct. App. 2000).

Opinion

—In a proceeding pursuant to CPLR 7511 to vacate an arbitration award dated December 8, 1998, the petitioner appeals from an order of the Supreme Court, Kings County (Huttner, J.), dated June 9, 1999, which denied the petition.

Ordered that the order is affirmed, with costs.

The petitioner failed to demonstrate that the arbitrator’s refusal to grant it an adjournment to conduct an independent examination of the subject car warranted vacatur of the award. One of the bases for the award, that the vehicle was out of service due to repairs or malfunction for 15 or more days, was not contingent upon whether the car was presently operable (see, General Business Law § 198-b [c]).

The petitioner’s remaining contentions are without merit. Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

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Bluebook (online)
272 A.D.2d 397, 707 N.Y.S.2d 205, 2000 N.Y. App. Div. LEXIS 5105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bay-ridge-toyota-inc-v-lyons-nyappdiv-2000.