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MARTHAN EQUITIES, INC. v. P. M. REALTY MGMT. CORP.

216 A.D.2d 180 (1995)

628 N.Y.S.2d 678

Marthan Equities, Inc., et al., Appellants, v. P. M. Realty Management Corporation et al., Respondents

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

June 27, 1995

The IAS Court correctly held that it was misconduct within the meaning of CPLR 7511 (b) (1) (i), requiring vacatur of the award, for the two remaining arbitrators to continue receiving proof, over respondents' objection, after the third had withdrawn (Matter of New York Tel. Co. [Pennsylvania Gen. Ins. Co.], 87 A.D.2d 956). CPLR 7506 (e) provides that even though a majority is sufficient...

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