NEIMAN v. SPRINGER


71 A.D.2d 854 (1979)

Abraham Neiman et al., Respondents, v. Fred Springer et al., Appellants

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

August 6, 1979


Proceeding remitted to Special Term to hear and report, with findings of fact, on the issue of whether there was misconduct on the part of the arbitrators and the appeal is held in abeyance in the interim. The refusal to hear pertinent and material evidence is misconduct justifying vacatur of the arbitration award (see CPLR 7511, subd [b], par 1, cl [i]; Matter of Professional Staff Congress/City Univ. of N. Y. v Board of Higher Educ. of City of N. Y.,

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