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  5. 11 N.Y.2d 128 (1962)
 

MTR. OF ASTORIA MED. GROUP (HEALTH INS.)

11 N.Y.2d 128 (1962)

In the Matter of the Arbitration between the Astoria Medical Group et al., Respondents, and Health Insurance Plan of Greater New York, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1962.

Attorney(s) appearing for the Case

John W. Nields, Mathias F. Correa, Marshall H. Cox, Jr., and Francis J. Bloustein for appellant.

Cornelius McDougald for respondents.

Judges VAN VOORHIS, BURKE and FOSTER concur with Judge FULD; Chief Judge DESMOND dissents in an opinion in which Judges DYE and FROESSEL concur.

FULD, J.

The intensely practical question presented by this appeal revolves about the attempt of one party to a typical tripartite arbitration agreement to have the court intervene, before an award has been made, and disqualify the arbitrator designated by the other party because of his asserted personal interest and partiality.

The appellant Health Insurance Plan (HIP), a nonprofit corporation organized...

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