MATTER OF MORGAN GUARANTY TRUST COMPANY OF NEW YORK v. SOLOW BUILDING CO., L.L.C.


279 A.D.2d 431 (2001)

720 N.Y.S.2d 69

In the Matter of MORGAN GUARANTY TRUST COMPANY OF NEW YORK, Appellant, v. SOLOW BUILDING CO., L. L. C., Respondent.

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

Decided January 30, 2001.


The original arbitrator appointed on behalf of respondent, Robert Von Ancken, failed to reveal his close involvement with petitioner's counsel on prior arbitrations and the fact that he was scheduled to testify against respondent in an unrelated matter. "[T]he failure of an arbitrator to disclose facts which reasonably may support an inference of bias is grounds to vacate the award under CPLR 7511" (Matter of J. P. Stevens & Co. [Rytex Corp.],

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