MATTER OF DE NICOLA (POLCINI)


2 Misc.2d 665 (1956)

In the Matter of the Arbitration between Jerry De Nicola, Petitioner, and Damon Polcini et al., Individually and as Executors of Ralph Polcini, Deceased, Copartners Doing Business as Leading Jewelry Manufacturing Co., Respondents.

Supreme Court, Special Term, New York County.

March 26, 1956.


Attorney(s) appearing for the Case

Herman G. Schwartz and Nathan Frankel for respondents.

Henry J. Smith for petitioner.


IRVING H. SAYPOL, J.

Motion to disqualify an arbitrator and to vacate and annul the arbitration proceedings is granted.

The question involves the misbehavior, at the very worst, giving rise to no more than suspicion of partiality on the part of an arbitrator towards one of the lawyers for one of the disputants, instigated by the lawyer.

De Nicola is a salesman at $25,000 a year, for Polcini's partnership Leading Jewelry Manufacturing Co...

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