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CAREMOR, INC. v. EFFAR (TIBERIAS) LTD.

247 A.D.2d 348 (1998)

669 N.Y.S.2d 219

Caremor, Inc., et al., Appellants, v. Effar (Tiberias) Ltd. et al., Respondents

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

February 26, 1998

We agree with the motion court that Caremor failed to demonstrate by clear and convincing evidence that Effar committed a fraud materially related to an issue in the arbitration that could have influenced the arbitrator's decision (see, Imgest Fin. Establishment v Shearson Lehman Hutton, 172 A.D.2d 291). Nor is there a basis for finding that Effar destroyed or withheld documents, there being no challenge to Effar's assertion...

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