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  5. 233 A.D.2d 276 (1996)
 

MATTER OF SHEFA BRUCHA INC./HATZLACHH SUPPLY, INC.

233 A.D.2d 276 (1996)

650 N.Y.S.2d 134

In the Matter of the Arbitration between Shefa Brucha Inc./Hatzlachh Supply, Inc., Respondents, and Topaz Electronics, Inc., et al., Appellants

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

November 26, 1996

An arbitration award may be vacated where the movant "neither participated in the arbitration nor was served with a notice of intention to arbitrate" (CPLR 7511 [b] [2]). The absence of such service must be proven by competent evidence from a witness with personal knowledge (Matter of Asoma [Bangkok] Co. [Thai Flourite Processing Co.], 96 A.D.2d 773, affd 61 N.Y.2d 721), and there was no...

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