From Casetext: Smarter Legal Research

Matter of Chernuchin v. Liberty Mutual Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2000
268 A.D.2d 521 (N.Y. App. Div. 2000)

Opinion

Submitted December 15, 1999

January 24, 2000

In a proceeding pursuant to CPLR article 75 to confirm an arbitration award, Liberty Mutual Insurance Company appeals from a judgment of the Supreme Court, Nassau County (Feuerstein, J.), dated February 3, 1999, which, upon an order of the same court dated January 7, 1999, confirming the award, is in favor of the petitioner and against it in the principal sum of $825,000.

Bellofatto, Martyn, Toher, Esposito Martyn, Mineola, N Y (Thomas M. Martyn of counsel), for appellant.

Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Jonathan A. Dachs of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

We reject the appellant's contention that the arbitration award should have been vacated based on the appearance of partiality of the arbitrator. It is well settled that mere occasional associations between an arbitrator and those appearing before him generally will not warrant disqualification of the arbitrator on the ground of the appearance of bias or partiality (see, Matter of Siegel [Lewis], 40 N.Y.2d 687, 690 ; Matter of Henry Quentzel Plumbing Supply Co. v. Quentzel, 193 A.D.2d 678 ). Here, the nature of the contacts between the arbitrator and the petitioner's attorney were insufficient to support a finding that there was an appearance of bias or partiality (see, Matter of Henry Quentzel Plumbing Supply Co. v. Quentzel, supra). Moreover, the appellant failed to demonstrate any prejudice to its rights as a result of any alleged appearance of bias or partiality (see, CPLR 7511[b][1]). The appellant's remaining contentions are without merit.

THOMPSON, J. P., S. MILLER, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.


Summaries of

Matter of Chernuchin v. Liberty Mutual Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2000
268 A.D.2d 521 (N.Y. App. Div. 2000)
Case details for

Matter of Chernuchin v. Liberty Mutual Ins. Co.

Case Details

Full title:IN THE MATTER OF KERI CHERNUCHIN, respondent, v. LIBERTY MUTUAL Insurance…

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

Date published: Jan 24, 2000

Citations

268 A.D.2d 521 (N.Y. App. Div. 2000)
701 N.Y.S.2d 672

Citing Cases

Kaygreen Realty Co. v. IG Second Generation Partners, L.P.

the right of direct appeal therefrom terminated with the entry of the judgment in the action ( see Matter of…

IN RE OF IBK ENTERPRISES, INC. v. ONEKEY, LLC

Specifically, the arbitrator's disclosure that he had met a principal of the respondent, Onekey, LLC, several…