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Matter of Banas

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1993
194 A.D.2d 390 (N.Y. App. Div. 1993)

Opinion

June 10, 1993

Appeal from the Supreme Court, New York County (Edward Greenfield, J.).


It is within the sound discretion of the arbitrators to grant or refuse an adjournment (Matter of Kool Air Sys. [Syosset Institutional Bldrs.], 22 A.D.2d 672), and the party seeking to avoid the award has the burden of establishing by clear and convincing proof that the arbitrators abused that discretion and that their decision amounts to misconduct (Matter of Herskovitz [Kaye Assocs.], 170 A.D.2d 272). In this case, petitioner set forth no evidence, either before the arbitrators or in the subsequent judicial proceeding, with respect to why the three week adjournment already granted was not adequate. Accordingly, the IAS Court properly confirmed the arbitration award (see, Matter of Herskovitz [Kaye Assocs.], supra; Doris Trading Corp. v Melody Knitting Mills, 172 A.D.2d 399).

Concur — Sullivan, J.P., Milonas, Ellerin and Asch, JJ.


Summaries of

Matter of Banas

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1993
194 A.D.2d 390 (N.Y. App. Div. 1993)
Case details for

Matter of Banas

Case Details

Full title:In the Matter of the Arbitration between JOHN BANAS, Appellant, and LEUMI…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 10, 1993

Citations

194 A.D.2d 390 (N.Y. App. Div. 1993)
599 N.Y.S.2d 952