46 A.D.2d 867 | N.Y. App. Div. | 1974
Order, Supreme Court, New York County, entered July 10, 1973, denying petitioner’s motion for confirmation, granting respondent’s cross motion to vacate the award and referring the matter back to the American Arbitration Association, unanimously reversed, on the law, the motion to confirm the award granted and the cross motion denied. Appellant shall recover of respondent $60 costs and disbursements of this appeal. The award for which petitioner seeks confirmation was executed by the neutral arbitrator and the arbitrator designated by petitioner. In opposing confirmation on the ground of alleged misconduct and partiality on the part of the neutral arbitrator, respondent submits an affidavit of the arbitrator designated by him wherein it is asserted in conclusory fashion that respondent’s arbitrator was “ deprived of any meaningful opportunity to deliberate upon the issues with