MacGregor Sporting Goods, Inc. v. Acme Briefcase Co.

Appellate Division of the Supreme Court of New York

MacGregor Sporting Goods, Inc. v. Acme Briefcase Co.

191 A.D.2d 443, 596 N.Y.S.2d 697, 1993 N.Y. App. Div. LEXIS 1743

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

DecidedMarch 1, 1993

StatusPublished

This text of 191 A.D.2d 443 (MacGregor Sporting Goods, Inc. v. Acme Briefcase Co.) 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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MacGregor Sporting Goods, Inc. v. Acme Briefcase Co., 191 A.D.2d 443, 596 N.Y.S.2d 697, 1993 N.Y. App. Div. LEXIS 1743 (N.Y. Ct. App. 1993).

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Opinion

—In a proceeding pursuant to CPLR article 75, the petitioners appeal from a judgment of the Supreme Court, Kings County (Shaw, J.), dated December 18, 1990, which denied their petition to confirm an arbitration award, dated July 25, 1990, and granted the respondent’s cross petition to vacate the award.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly found that the third arbitrator had been excluded by the other two arbitrators from participation in the deliberations through no fault of her own. Thus, the arbitration award was properly vacated (see, Matter of American Eagle Fire Ins. Co. v New Jersey Ins. Co., 240 NY 398, 408).

We have examined the appellants’ remaining contentions and find them to be without merit. Bracken, J. P., Fiber, Ritter and Pizzuto, JJ., concur.

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—In a proceeding pursuant to CPLR article 75, the petitioners appeal from a judgment of the Supreme Court, Kings County (Shaw, J.), dated December 18, 1990, which denied their petition to confirm an arbitration award, dated July 25, 1990, and granted the respondent’s cross petition to vacate the award.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly found that the third arbitrator had been excluded by the other two arbitrators from participation in the deliberations through no fault of her own. Thus, the arbitration award was properly vacated (see, Matter of American Eagle Fire Ins. Co. v New Jersey Ins. Co., 240 NY 398, 408).

We have examined the appellants’ remaining contentions and find them to be without merit. Bracken, J. P., Fiber, Ritter and Pizzuto, JJ., concur.

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191 A.D.2d 443, 596 N.Y.S.2d 697, 1993 N.Y. App. Div. LEXIS 1743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macgregor-sporting-goods-inc-v-acme-briefcase-co-nyappdiv-1993.

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