Opinion
May 25, 1967
Order, entered on March 1, 1967, granting claimant's motion to vacate an arbitration award, unanimously reversed, on the law and on the facts and cross motion to confirm said award granted, with $50 costs and disbursements to respondent-appellant. There is no showing in the record, apart from the claimed inadequacy of the award and the opinion of the claimant's attorney of record that the arbitrator was prejudiced, sufficient to sustain a conclusion that the arbitrator was partial. Not until after the award was made was there any attempt to complain about the arbitrator, although it is reasonable to believe that the claimant's trial counsel and the attorney of record knew the identity of the arbitrator before the hearing. The mere suggestion of partiality is not sufficient to warrant interference with the arbitrator's award ( Matter of Brill [ Muller Bros.] 22 A.D.2d 678), and adequacy of an award is not reviewable. ( Matter of Torano [ MVAIC], 19 A.D.2d 356, 359, affd. 15 N.Y.2d 882.)
Concur — Steuer, J.P., Capozzoli, Tilzer, Rabin and McGivern, JJ.