Reale v. Colonial Penn Insurance

Appellate Division of the Supreme Court of New York

Reale v. Colonial Penn Insurance

81 A.D.2d 639, 438 N.Y.S.2d 140, 1981 N.Y. App. Div. LEXIS 11153

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

DecidedApril 20, 1981

StatusPublished

Cited by1 cases

This text of 81 A.D.2d 639 (Reale v. Colonial Penn Insurance) 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

Reale v. Colonial Penn Insurance, 81 A.D.2d 639, 438 N.Y.S.2d 140, 1981 N.Y. App. Div. LEXIS 11153 (N.Y. Ct. App. 1981).

Pincite

Opinion

— In a no-fault arbitration proceeding, the petitioner appeals from an order of the Supreme Court, Kings County, dated September 24, 1980, which denied his motion for judicial approval of the resignation of Daniel Castoria as arbitrator in a pending arbitration proceeding. Order affirmed, with $50 costs and disbursements. The arbitrator’s bare statement, in his affirmation, that he has “inadvertently already pre-judged this case”, is not an adequate basis for his recusal. An arbitrator may not avoid his sworn duty to make a just award absent an assertion that his alleged bias is based on anything other than his exposure to the facts of the case before him. Mollen, P. J., Cohalan, Margett and O’Connor, JJ., concur.

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— In a no-fault arbitration proceeding, the petitioner appeals from an order of the Supreme Court, Kings County, dated September 24, 1980, which denied his motion for judicial approval of the resignation of Daniel Castoria as arbitrator in a pending arbitration proceeding. Order affirmed, with $50 costs and disbursements. The arbitrator’s bare statement, in his affirmation, that he has “inadvertently already pre-judged this case”, is not an adequate basis for his recusal. An arbitrator may not avoid his sworn duty to make a just award absent an assertion that his alleged bias is based on anything other than his exposure to the facts of the case before him. Mollen, P. J., Cohalan, Margett and O’Connor, JJ., concur.

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Bluebook (online)

81 A.D.2d 639, 438 N.Y.S.2d 140, 1981 N.Y. App. Div. LEXIS 11153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reale-v-colonial-penn-insurance-nyappdiv-1981.

Opinion

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