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MATTER OF M.T.M. BEVERAGES CORP. v. PEPSI COLA BOTTLING COMPANY OF NEW YORK, INC.

262 A.D.2d 414 (1999)

689 N.Y.S.2d 660

In the Matter of M.T.M. BEVERAGES CORP., Appellant, v. PEPSI COLA BOTTLING COMPANY OF NEW YORK, INC., Respondent.

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

Decided June 7, 1999.

Ordered that the judgment is affirmed, with costs.

It is well settled that the decision of "[w]hether to grant or refuse an adjournment is generally within the discretion of the arbitrator, and it is only if that discretion is abused that misconduct results" (Harwyn Luggage v Henry Rosenfeld, Inc., 90 A.D.2d 747, 748, affd 58 N.Y.2d 1063). Under the circumstances of this case, we...

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