In re the Arbitration between Allcity Insurance & Grant

Appellate Division of the Supreme Court of New York

In re the Arbitration between Allcity Insurance & Grant

266 A.D.2d 108, 698 N.Y.S.2d 469, 1999 N.Y. App. Div. LEXIS 11663

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 18, 1999

StatusPublished

This text of 266 A.D.2d 108 (In re the Arbitration between Allcity Insurance & Grant) 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

In re the Arbitration between Allcity Insurance & Grant, 266 A.D.2d 108, 698 N.Y.S.2d 469, 1999 N.Y. App. Div. LEXIS 11663 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about January 22, 1999, which, insofar as appealed from, denied respondents’ motion to remove the arbitrator designated to hear respondents’ uninsured motorist claim against petitioner insurer, and to compel the American Arbitration Association (AAA) to designate a new arbitrator, unanimously affirmed, with costs.

We agree with the IAS Court that respondents’ attorney’s claim of bias is undermined by his failure to take any steps to address the alleged impropriety that occurred during a prior unrelated arbitration proceeding involving this arbitrator and the attorneys for both parties. Nor should respondents be given an opportunity at this point in the proceeding to peremptorily strike the arbitrator’s name from the list of arbitrators, as they had a right to do, under the AAA’s rules, within 20 days of the AAA’s submission of the list. If, as respondents’ attorney asserts, he never received such list, he should have inquired of the AAA about the omission. Concur — Sullivan, J. P., Nardelli, Mazzarelli, Lerner and Buckley, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about January 22, 1999, which, insofar as appealed from, denied respondents’ motion to remove the arbitrator designated to hear respondents’ uninsured motorist claim against petitioner insurer, and to compel the American Arbitration Association (AAA) to designate a new arbitrator, unanimously affirmed, with costs.

We agree with the IAS Court that respondents’ attorney’s claim of bias is undermined by his failure to take any steps to address the alleged impropriety that occurred during a prior unrelated arbitration proceeding involving this arbitrator and the attorneys for both parties. Nor should respondents be given an opportunity at this point in the proceeding to peremptorily strike the arbitrator’s name from the list of arbitrators, as they had a right to do, under the AAA’s rules, within 20 days of the AAA’s submission of the list. If, as respondents’ attorney asserts, he never received such list, he should have inquired of the AAA about the omission. Concur — Sullivan, J. P., Nardelli, Mazzarelli, Lerner and Buckley, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

266 A.D.2d 108, 698 N.Y.S.2d 469, 1999 N.Y. App. Div. LEXIS 11663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-allcity-insurance-grant-nyappdiv-1999.