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MATTER OF TORANO

15 N.Y.2d 882 (1965)

In the Matter of the Arbitration between Rita Torano, Appellant, and Motor Vehicle Accident Indemnification Corporation, Respondent.

Court of Appeals of the State of New York.

Decided March 11, 1965.

Attorney(s) appearing for the Case

William Palitz and Joshua J. Nasaw for appellant.

Patrick J. Hughes for respondent.

Concur: Judges FULD, VAN VOORHIS, BURKE and SCILEPPI. Chief Judge DESMOND and Judge BERGAN dissent in separate opinions in each of which the other concurs and in both of which Judge DYE concurs.

Order affirmed, without costs, upon the opinion at the Appellate Division.

Chief Judge DESMOND (dissenting).

Dissenting, I agree that this obviously inadequate allowance of damages establishes, within the meaning of section 7511 of the CPLR and of the cases cited by Judge BERGAN, that the award must be vacated because of the "partiality" of the arbitrator.

There is another equally forceful reason...

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