MATTER OF REALE v. COLONIAL PENN INS. CO.


81 A.D.2d 639 (1981)

In the Matter of John Reale, Appellant, v. Colonial Penn Insurance Company, Respondent

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

April 20, 1981


Order affirmed, with $50 costs and disbursements.

The arbitrator's bare statement, in his affirmation, that he has "inadvertently already pre-judged this case", is not an adequate basis for his recusal. An arbitrator may not avoid his sworn duty to make a just award absent an assertion that his alleged bias is based on anything other than his exposure to the facts of the case...

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