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MATTER OF FIRST MONTAUK SEC. CORP. v. CHIULLI

245 A.D.2d 507 (1997)

666 N.Y.S.2d 33

In the Matter of First Montauk Securities Corp., Respondent, v. Joseph G. Chiulli, Appellant

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

December 22, 1997

Ordered that the order is affirmed, with costs.

"Preemptive judicial intervention in the arbitration process is warranted where the arbitrator [can]not grant any relief without violating public policy" (Matter of Imperial House [Local 32B-32J], 154 A.D.2d 534, 535). The decisional law clearly indicates that a discharged debtor cannot pursue a claim which it failed to disclose in its schedule of assets filed with the bankruptcy...

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