Opinion · Nylaw New York

LOAFIN' TREE RESTAURANT, INC. v. PARDI, 162 A.D.2d 985 [4th Dept 1990]

LOAFIN' TREE Rest., INC., Appellant, v. ALFRED L. PARDI, Respondent.(Appeal No. 2.), 162 A.D.2d 985 (Appellate Division of the Supreme Court of New York, Fourth Department. 1990)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1990-06-22
Topic
general

LOAFIN' TREE RESTAURANT, INC. v. PARDI, 162 A.D.2d 985 [4th Dept 1990] LOAFIN' TREE RESTAURANT, INC., Appellant, v. ALFRED L. PARDI, Respondent.(Appeal No. 2.)Appellate Division of the Supreme Court of New York, Fourth Department. June 22, 1990 Appeal from the Monroe County Court, Wisner, J.

Citator

UpLaw has not yet analyzed LOAFIN' TREE RESTAURANT, INC. v. PARDI, 162 A.D.2d 985 [4th Dept 1990]. The absence of a flag is not a finding that it is good law.

LOAFIN' TREE RESTAURANT, INC. v. PARDI,162 A.D.2d 985[4th Dept 1990]
LOAFIN' TREE RESTAURANT, INC., Appellant, v. ALFRED L. PARDI, Respondent.
(Appeal No. 2.)
Appellate Division of the Supreme Court of New York, Fourth Department.
June 22, 1990
Appeal from the Monroe County Court, Wisner, J.
Order affirmed with costs. All concur, Pine, J., not participating. Memorandum: The arbitrator's failure, during the course of a hearing, to disclose the nature of his relationship with relatives of counsel for the defendant was sufficient to demonstrate the appearance of partiality. Thus, Supreme Court correctly determined that the arbitration award should be vacated(see, Matter of Stevens Co. [Rytex Corp.],34 N.Y.2d 123;Matter of Colony Liq. Distribs. [Local 669],34 A.D.2d 1060,affd28 N.Y.2d 596). The "new evidence" submitted by plaintiff on its motion to renew or reargue did not materially change the factual basis for the court's initial determination, and thus, adherence to the original determination was proper.
Present — Callahan, J.P., Denman, Pine, Balio and Lawton, JJ.Page 986