Opinion
7576 Index 655416/16
11-13-2018
In re MILLER TABAK & CO., LLC, et al., Petitioners–Appellants, v. Roy F. COPPEDGE IV, Respondent–Respondent.
Fishman Decea & Feldman, Armonk (Thomas B. Decea of counsel), for appellants. Elliot Felig & Associates, New York (Elliot Felig of counsel), for respondent.
Fishman Decea & Feldman, Armonk (Thomas B. Decea of counsel), for appellants.
Elliot Felig & Associates, New York (Elliot Felig of counsel), for respondent.
Sweeny, J.P., Manzanet–Daniels, Gische, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about December 14, 2017, which denied the petition to vacate an arbitration award and granted the cross petition to confirm the award, unanimously affirmed, without costs.
The arbitral award, inter alia, imposing joint and severable liability was not made in manifest disregard of the law (see generally Wien & Malkin LLP v. Helmsley–Spear, Inc., 6 N.Y.3d 471, 813 N.Y.S.2d 691, 846 N.E.2d 1201 [2006], cert dismissed 548 U.S. 940, 127 S.Ct. 34, 165 L.Ed.2d 1012 [2006] ). Nor does it present any basis for concluding that the imposition of joint and several liability violates a public policy of the State (see Transparent Value, L.L.C. v. Johnson, 93 A.D.3d 599, 941 N.Y.S.2d 96 [1st Dept. 2012] ).
Petitioners waived any claim of arbitrator bias based on one arbitrator's participation in a previous arbitration, which had been disclosed to the parties, by failing to raise any such claim or objection until the hearing was in progress (see Matter of Atlantic Purch., Inc. v. Airport Props. II, LLC, 77 A.D.3d 824, 825, 909 N.Y.S.2d 528 [2d Dept. 2010] ). In any event, there is no evidence to support any such claim ( id. ).