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Muriel Siebert Co., Inc. v. Ponmany

Appellate Division of the Supreme Court of New York, First Department
Feb 4, 1993
190 A.D.2d 544 (N.Y. App. Div. 1993)

Opinion

February 4, 1993

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).


Order of the same court and Justice, entered September 18, 1991, which denied defendants' recusal motion, unanimously affirmed, without costs.

Appeal from the September 4, 1991 order of the same court and Justice, denying reargument, is unanimously dismissed as non-appealable, without costs.

The IAS Court, in denying vacatur and granting confirmation of the arbitration award, did not commit reversible error in determining that the award was neither irrational nor violative of a strong public policy and that the arbitrators had not exceeded their powers where, as here, the defendants failed to meet their heavy burden of establishing by clear and convincing evidence that the award was tainted by corruption, fraud, misconduct, partiality, indefiniteness, an over-reaching of power or irrationality and where the award was amply supported by the evidence adduced at the arbitration proceedings.

Nor did the IAS Court err in denying the recusal motion where the defendants established no more than a tenuous relationship between the court and the plaintiff's brokerage services ( 22 NYCRR 100.3 [c]).

We have reviewed the defendants' remaining claims and find them to be without merit.

Concur — Milonas, J.P., Ross, Asch and Rubin, JJ.


Summaries of

Muriel Siebert Co., Inc. v. Ponmany

Appellate Division of the Supreme Court of New York, First Department
Feb 4, 1993
190 A.D.2d 544 (N.Y. App. Div. 1993)
Case details for

Muriel Siebert Co., Inc. v. Ponmany

Case Details

Full title:MURIEL SIEBERT CO., INC., Respondent, v. PAUL PONMANY, Also Known as RAJ…

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

Date published: Feb 4, 1993

Citations

190 A.D.2d 544 (N.Y. App. Div. 1993)

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