LEXCO, INC. v. ALAMEDA ROOM, INC.


61 A.D.2d 896 (1978)

Lexco, Inc., Doing Business as Hotel Lexington, Respondent-Appellant, v. Alameda Room, Inc., Doing Business as Chateau Madrid, Appellant-Respondent

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

March 2, 1978


By having participated in the arbitration, respondent waived its right to object to the confirmation of the award on the grounds that the agreement to arbitrate had not been complied with. (CPLR 7511, subd [b], par 2, cl [iii].) Thus, the issue of whether only the impartial chairman, and no one else, would be authorized to arbitrate disputes and grievances under the collective bargaining agreement is not preserved as a ground for challenging the arbitrator...

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