Opinion
2013-04-11
In re Lawrence A. GOLDSTEIN, et al., Petitioners–Appellants, v. 12 BROADWAY REALTY LLC, Respondent–Respondent.
Robinson Brog Leinwand Greene Genovese & Gluck P.C., New York (David C. Burger of counsel), for appellants. Kramer Levin Naftalis & Frankel LLP, New York (Ronald S. Greenberg of counsel), for respondent.
Robinson Brog Leinwand Greene Genovese & Gluck P.C., New York (David C. Burger of counsel), for appellants. Kramer Levin Naftalis & Frankel LLP, New York (Ronald S. Greenberg of counsel), for respondent.
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 25, 2012, which denied petitioners' motion to, among other things, vacate an arbitration appraisal of real property, unanimously affirmed, without costs.
Respondent's appraiser notified petitioners' appraiser of a real estate transaction involving principals of respondent and the proposed neutral third appraiser's firm and offered petitioners' appraiser the opportunity to follow up with the neutral third appraiser to obtain additional information. Petitioners, however, did not inquire further. Instead, petitioners retained the third appraiser and proceeded with the arbitration. Accordingly, the court properly determined that petitioners waived any objections they had in connection with the alleged relationship between the third appraiser and respondent ( see Matter of Namdar [Mirzoeff], 161 A.D.2d 348, 555 N.Y.S.2d 101 [1st Dept. 1990],lv. denied 77 N.Y.2d 802, 567 N.Y.S.2d 643, 569 N.E.2d 446 [1991],cert. denied 501 U.S. 1251, 111 S.Ct. 2891, 115 L.Ed.2d 1056 [1991] ).