Opinion
05-11-2017
In re 1552 BROADWAY RETAIL OWNER LLC, Petitioner–Appellant, v. McDONALD'S CORPORATION, Respondent–Respondent.
Stempel Bennett Claman & Hochberg, P.C., New York (Richard L. Claman of counsel), for appellant. Freshfields Bruckhaus & Deringer U.S. LLP, New York (Timothy P. Harkness of counsel), for respondent.
Stempel Bennett Claman & Hochberg, P.C., New York (Richard L. Claman of counsel), for appellant.
Freshfields Bruckhaus & Deringer U.S. LLP, New York (Timothy P. Harkness of counsel), for respondent.
Order and judgment (one paper), Supreme Court, New York County (Shirley Werner Kornreich, J.), entered February 8, 2017, inter alia, confirming an arbitration award dated February 23, 2016, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered January 10, 2017, which decided the parties' respective motions to vacate and confirm the award, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Assuming that respondent engaged in misconduct in advancing certain arguments before the arbitrators, petitioner failed to show by clear and convincing evidence that it was prejudiced by this misconduct (see CPLR 7511[b][1][i] ; Matter of Greenky v. Aytes, 138 A.D.3d 460, 30 N.Y.S.3d 35 [1st Dept.2016] ; Scollar v. Cece, 28 A.D.3d 317, 812 N.Y.S.2d 521 [1st Dept.2006] ). Neither the award, which determined that the fair market value of the demised premises fell between the values urged by the parties, nor the arbitrators' brief explanatory statements establish unequivocally that the arbitrators accepted respondent's arguments (see generally Solomon v. State of New York, 146 A.D.2d 439, 541 N.Y.S.2d 384 [1st Dept.1989] ).
FRIEDMAN, J.P., MOSKOWITZ, MANZANET–DANIELS, KAPNICK, WEBBER, JJ., concur.