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MEDIVIX, INC. v. SHNAYER

160 A.D.2d 911 (1990)

Medivix, Inc., et al., Appellants, v. Sheldon W. Shnayer, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 23, 1990

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly confirmed the arbitration award. In deciding not to consider the transcript of the witness Alan Bergman's testimony where there was no transcript of Bergman's testimony upon cross-examination, but, rather, to make a determination, in part, based on his own notes taken of the entire testimony, the arbitrator acted properly within his discretion...

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