Apollo Reproductions v. W. 35th St. Assoc

Full title: APOLLO REPRODUCTIONS, Appellant, v. WEST 35TH STREET ASSOCIATES, Respondent

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

Date published: Sep 17, 1992

186 A.D.2d 52 (N.Y. App. Div. 1992)

587 N.Y.S.2d 641

Opinion

September 17, 1992

Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).

The IAS Court correctly concluded that defendant's counsel was entitled to notice from the arbitrator of the scheduled arbitration hearing. An arbitrator is obliged to send notice of an arbitration hearing to an attorney designated as representing one of the parties (CPLR 7506 [b], [d]; Matter of New York Tel. Co. [Pennsylvania Gen. Ins. Co.], 87 A.D.2d 956, 957). There being no dispute that defendant's counsel was never notified of the arbitration although the arbitrator had been informed of counsel's retention and specifically requested such notice, it is clear that defendant was prejudiced by a "failure to follow the procedure of [CPLR article 75]", and that grounds therefore exist for vacating the award and remanding the matter for a new hearing (CPLR 7511 [b] [1] [iv]).

Concur — Rosenberger, J.P., Asch, Kassal and Rubin, JJ.