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MATTER OF MacGREGOR SPORTING GOODS, INC. v. ACME BRIEFCASE CO., INC.

191 A.D.2d 443 (1993)

596 N.Y.S.2d 697

In the Matter of MacGregor Sporting Goods, Inc., et al., Appellants, v. Acme Briefcase Co., Inc., Respondent

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

March 1, 1993

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly found that the third arbitrator had been excluded by the other two arbitrators from participation in the deliberations through no fault of her own. Thus, the arbitration award was properly vacated (see, Matter of American Eagle Fire Ins. Co. v New Jersey Ins. Co., 240 N.Y. 398, 408).

We have examined the appellants' remaining contentions and find them to be...

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