In re the Arbitration between Sidney Philip Gilbert Associates & Taisei Construction Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Sidney Philip Gilbert Associates & Taisei Construction Corp.

213 A.D.2d 281, 624 N.Y.S.2d 824, 1995 N.Y. App. Div. LEXIS 2952

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

DecidedMarch 21, 1995

StatusPublished

Cited by1 cases

This text of 213 A.D.2d 281 (In re the Arbitration between Sidney Philip Gilbert Associates & Taisei Construction Corp.) 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.

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In re the Arbitration between Sidney Philip Gilbert Associates & Taisei Construction Corp., 213 A.D.2d 281, 624 N.Y.S.2d 824, 1995 N.Y. App. Div. LEXIS 2952 (N.Y. Ct. App. 1995).

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Opinion

—Order and judgment (one paper), Supreme Court, New York County (Angela Mazzarelli, J.), entered August 3, 1994, which granted petitioner’s motion to confirm an arbitrators’ award, and denied respondent’s cross-motion to vacate the award, unanimously affirmed, without costs.

Respondent-appellant did not meet its burden of proving misconduct and partiality on the part of the arbitrators so as to warrant vacatur of the award pursuant to CPLR 7511 (b) (1) (i) and (ii). Taisei Construction Corporation failed to establish that the arbitrators either treated it unfairly or displayed partiality in their evidentiary rulings. Furthermore, the record does not sustain the claim that the arbitrators exhibited ethnic bias. Respondent’s argument that the arbitrators’ award should be vacated pursuant to CPLR 7511 (b) (1) (iii) is raised for the first time on appeal and we decline to reach it.

Finally, we reject petitioner’s application for the imposition of sanctions since we cannot consider this appeal frivolous or taken in bad faith. Concur—Rosenberger, J. P., Wallach, Kupferman, Asch and Tom, JJ.

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—Order and judgment (one paper), Supreme Court, New York County (Angela Mazzarelli, J.), entered August 3, 1994, which granted petitioner’s motion to confirm an arbitrators’ award, and denied respondent’s cross-motion to vacate the award, unanimously affirmed, without costs.

Respondent-appellant did not meet its burden of proving misconduct and partiality on the part of the arbitrators so as to warrant vacatur of the award pursuant to CPLR 7511 (b) (1) (i) and (ii). Taisei Construction Corporation failed to establish that the arbitrators either treated it unfairly or displayed partiality in their evidentiary rulings. Furthermore, the record does not sustain the claim that the arbitrators exhibited ethnic bias. Respondent’s argument that the arbitrators’ award should be vacated pursuant to CPLR 7511 (b) (1) (iii) is raised for the first time on appeal and we decline to reach it.

Finally, we reject petitioner’s application for the imposition of sanctions since we cannot consider this appeal frivolous or taken in bad faith. Concur—Rosenberger, J. P., Wallach, Kupferman, Asch and Tom, JJ.

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213 A.D.2d 281, 624 N.Y.S.2d 824, 1995 N.Y. App. Div. LEXIS 2952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-sidney-philip-gilbert-associates-taisei-nyappdiv-1995.

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