Opinion
6326.
June 14, 2005.
Order and judgment (one paper), Supreme Court, New York County (Robert D. Lippmann, J.), entered January 7, 2005, which denied petitioner's application to vacate an arbitration, and dismissed the petition, unanimously affirmed, without costs.
Janvey, Gordon, Herlands, Randolph Cox LLP, New York (Nicholas R. Weiskopf of counsel), for appellant.
Vedder, Price, Kaufman Kammholz, P.C., New York (Dan L. Goldwasser of counsel), for respondents.
Before: Buckley, P.J., Mazzarelli, Friedman, Marlow and Ellerin, JJ.
The evidence supporting the award, and the panel's finding that the company in which petitioner seeks to recover an equity interest was rendered worthless in part because of petitioner's actions, meets the standard of Matter of Andros Cia. Maritima, S.A. of Kissavos ( Marc Rich Co., A.G.) ( 579 F2d 691, 704 [2d Cir 1978]). Nor was petitioner denied a "fundamentally fair hearing" ( Fine v. Bear, Stearns Co., Inc., 765 F Supp 824, 828-829 [SD NY 1991]) by the panel's refusal to fully enforce disclosure directives made at the outset of the hearing. However, the appeal is not frivolous and we reject respondents' request to impose sanctions.