MATTER OF McMAHAN & CO. (DUNN NEWFUND)


230 A.D.2d 1 (1997)

656 N.Y.S.2d 620

In the Matter of the Arbitration between McMahan & Company, Respondent-Appellant, and Dunn Newfund I, Ltd., et al., Appellants-Respondents, et al., Respondent

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

April 24, 1997


Attorney(s) appearing for the Case

Deborah E. Lans of counsel, New York City (Fred H. Perkins and Danielle C. Lesser on the brief; Morrison Cohen Singer & Weinstein, L. L. P., attorneys), for respondent-appellant.

Gerald A. Novack of counsel, New York City (Jack G. Lerner and Marcy Kaplan on the brief; Kirkpatrick & Lockhart, L. L. P., attorneys), for appellants-respondents.

SULLIVAN, J. P., RUBIN, TOM and ANDRIAS, JJ., concur.


WALLACH, J.

On this appeal, we are called upon to consider the proper scope of judicial review of a charge of fundamental unfairness in the conduct of a massive arbitration proceeding over a period of 4½ years, with at least 24 hearing days.

A five-member arbitration panel, convened under the rules of the American Stock Exchange and concededly subject to the...

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