John Street Leasehold, L.L.C. v. Brunjes

Appellate Division of the Supreme Court of New York

John Street Leasehold, L.L.C. v. Brunjes

234 A.D.2d 26, 650 N.Y.S.2d 649, 1996 N.Y. App. Div. LEXIS 12243

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

DecidedDecember 3, 1996

StatusPublished

Cited by3 cases

This text of 234 A.D.2d 26 (John Street Leasehold, L.L.C. v. Brunjes) 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

John Street Leasehold, L.L.C. v. Brunjes, 234 A.D.2d 26, 650 N.Y.S.2d 649, 1996 N.Y. App. Div. LEXIS 12243 (N.Y. Ct. App. 1996).

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Opinion

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered April 10, 1996, which, in an action to recover damages against defendant former arbitrator because of his failure to disclose that during the arbitration he was represented by plaintiff’s attorney in a personal matter, granted defendant’s motion to dismiss the complaint, unanimously affirmed, with costs.

Arbitral immunity shields defendant from liability for acts performed in his arbitral capacity (see, Austern v Chicago Bd. Options Exch., 898 F2d 882, cert denied 498 US 850; Wally v General Arbitration Council, 165 Misc 2d 896). In any event, the District Court judgment confirming the results of arbitration is res judicata on the issues of arbitrator bias and misconduct that plaintiff seeks to raise herein (see, Wally v General Arbitration Council, supra, at 899, citing O’Brien v City of Syracuse, 54 NY2d 353, 357; see also, Gramatan Home Investors Corp. v Lopez, 46 NY2d 481, 485-486). Concur—Milonas, J. P., Wallach, Kupferman, Tom and Andrias, JJ.

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—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered April 10, 1996, which, in an action to recover damages against defendant former arbitrator because of his failure to disclose that during the arbitration he was represented by plaintiff’s attorney in a personal matter, granted defendant’s motion to dismiss the complaint, unanimously affirmed, with costs.

Arbitral immunity shields defendant from liability for acts performed in his arbitral capacity (see, Austern v Chicago Bd. Options Exch., 898 F2d 882, cert denied 498 US 850; Wally v General Arbitration Council, 165 Misc 2d 896). In any event, the District Court judgment confirming the results of arbitration is res judicata on the issues of arbitrator bias and misconduct that plaintiff seeks to raise herein (see, Wally v General Arbitration Council, supra, at 899, citing O’Brien v City of Syracuse, 54 NY2d 353, 357; see also, Gramatan Home Investors Corp. v Lopez, 46 NY2d 481, 485-486). Concur—Milonas, J. P., Wallach, Kupferman, Tom and Andrias, JJ.

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234 A.D.2d 26, 650 N.Y.S.2d 649, 1996 N.Y. App. Div. LEXIS 12243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-street-leasehold-llc-v-brunjes-nyappdiv-1996.

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