In re Arbitration between Stern & Lentnek

New York Court of Appeals

In re Arbitration between Stern & Lentnek

316 N.E.2d 872, 34 N.Y.2d 932, 359 N.Y.S.2d 557, 1974 N.Y. LEXIS 1430

DecidedJuly 10, 1974

StatusPublished

This text of 316 N.E.2d 872 (In re Arbitration between Stern & Lentnek) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Arbitration between Stern & Lentnek, 316 N.E.2d 872, 34 N.Y.2d 932, 359 N.Y.S.2d 557, 1974 N.Y. LEXIS 1430 (N.Y. 1974).

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Opinion

Memorandum. The order of the Appellate Division is affirmed. The undisputed facts relating to the proceedings during the 17 hearing days spanning approximately one year reveal a pattern of affirmative conduct on the part of the appellants to indicate clear acquiescence in the arbitrator’s conduct, the administrative handling of the arbitrator’s fee in the case, and the manner in which the hearings were conducted. Moreover, there was no prejudice to appellants.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Rabin concur in memorandum; Judge Stevens taking no part.

Order affirmed, without costs.

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Memorandum. The order of the Appellate Division is affirmed. The undisputed facts relating to the proceedings during the 17 hearing days spanning approximately one year reveal a pattern of affirmative conduct on the part of the appellants to indicate clear acquiescence in the arbitrator’s conduct, the administrative handling of the arbitrator’s fee in the case, and the manner in which the hearings were conducted. Moreover, there was no prejudice to appellants.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Rabin concur in memorandum; Judge Stevens taking no part.

Order affirmed, without costs.

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Bluebook (online)

316 N.E.2d 872, 34 N.Y.2d 932, 359 N.Y.S.2d 557, 1974 N.Y. LEXIS 1430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-arbitration-between-stern-lentnek-ny-1974.