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MATTER OF BERNSTEIN v. ON-LINE SOFTWARE INT'L, INC.

232 A.D.2d 336 (1996)

648 N.Y.S.2d 602

In the Matter of Leonard Bernstein et al., Respondents, v. On-Line Software International, Inc., et al., Appellants

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

October 31, 1996

The arbitrators, all neutral, properly continued with the damages phase of the arbitration proceedings after the resignation of one of the arbitrators, since the rules of the arbitral forum, specifically rule 20 of the Rules of the American Arbitration Association (AAA), permit the remaining arbitrators to continue after a vacancy "unless the parties agree otherwise." We note that unlike Marthan Equities v P. M. Realty Mgt....

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