Loafin' Tree Restaurant, Inc. v. Pardi, 162 A.D.2d 985

Order affirmed with costs. All concur, Pine, J., not participating. Memorandum: The arbitrator’s failure, during the course of a hearing, to disclose the nature of his relationship with relatives of counsel for the defendant was sufficient to demonstrate the appearance of partiality. Thus, Supreme Court correctly determined that the arbitration award should be vacated (see, Matter of Stevens & Co. [Rytex Corp.], 34 NY2d 123; Matter of Colony Liq. Distribs. [Local 669], 34 AD2d 1060, affd 28 NY2d 596). The "new evidence” submitted by plaintiff on its motion to renew or reargue did not materially change the factual basis for the court’s initial determination, and thus, adherence to the original determination was proper. (Appeal from order of Monroe County Court, Wisner, J.—renewal.) Present—Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.

Case Details

Case Name: Loafin' Tree Restaurant, Inc. v. Pardi

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jun 22, 1990

Citations: 162 A.D.2d 985; 559 N.Y.S.2d 154; 1990 N.Y. App. Div. LEXIS 9730; Appeal No. 2

Docket Number: Appeal No. 2

Court Abbreviation: N.Y. App. Div.