We agree with Special Term that an indiscretion on the part of appellant's counsel led to injudicious conduct on the part of the arbitrator. We find no showing, however, of partiality on the part of the arbitrator. The conclusion is inescapable on this record that the application to remove the arbitrator was not dictated by any conviction on the part of respondents that the arbitrator was partial, but rather by their concern over developments in the case. It is unfortunate...
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