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HENEGAN CONSTR. CO., INC. v. BETTINGER & LEECH, INC.

196 A.D.2d 763 (1993)

602 N.Y.S.2d 18

Henegan Construction Co., Inc., Respondent, v. Bettinger & Leech, Inc., Appellant

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

September 28, 1993

Defendant failed to meet its "heavy burden" of demonstrating arbitrator misconduct "by clear and convincing proof" (Matter of Dember Constr. Corp. [New York Univ.], 190 A.D.2d 537; Matter of Disston Co. [Aktiebolag], 176 A.D.2d 679, lv denied 79 N.Y.2d 757). CPLR 7505 authorizes an attorney in an arbitration proceeding to issue subpoenas...

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