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Retina Assoc. v. Rosberger

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2007
45 A.D.3d 690 (N.Y. App. Div. 2007)

Opinion

No. 2006-08611.

November 13, 2007.

In a proceeding pursuant to CPLR article 75, inter alia, to stay arbitration, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Mahon, J.) dated August 8, 2006, which, upon an order of the same court dated June 2, 2006, upon renewal, denying its motion to vacate an arbitration award in favor of the respondent Daniel Rosberger, and granting that respondent's cross motion to confirm the arbitration award, confirmed the arbitration award.

Llorca Hahn, LLP, New York, N.Y. (Richard E. Hahn of counsel), for appellant.

Garfunkel, Wild Travis, P.C., Great Neck, N.Y. (Roy W. Breitenbach and Marianne Monroy of counsel), for respondent-respondent.

Before: Lifson, J.P., Covello, Angiolillo and McCarthy, JJ.


Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the appellant failed to establish that there is any basis to vacate the arbitration award. Specifically, we are not persuaded that the arbitrator exhibited bias or the appearance of bias, had a conflict of interest, committed misconduct, or exceeded his power ( see CPLR 7511 [b]).


Summaries of

Retina Assoc. v. Rosberger

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2007
45 A.D.3d 690 (N.Y. App. Div. 2007)
Case details for

Retina Assoc. v. Rosberger

Case Details

Full title:In the Matter of RETINA ASSOCIATES OF L.I., P.C., Appellant, v. DANIEL…

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

Date published: Nov 13, 2007

Citations

45 A.D.3d 690 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9035
844 N.Y.S.2d 885

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