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MATTER OF SOLOW BUILDING COMPANY, LLC v. MORGAN GUARANTY TRUST COMPANY OF NEW YORK

294 A.D.2d 224 (2002)

741 N.Y.S.2d 856

In the Matter of the Arbitration between SOLOW BUILDING COMPANY, LLC, Appellant, and MORGAN GUARANTY TRUST COMPANY OF NEW YORK, Respondent.

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

Decided May 21, 2002.

There is no merit to petitioner's claim that the demanded arbitration is barred by res judicata. The prior judgment on which petitioner relies, which vacated a prior arbitration award in favor of respondent because of an appearance of arbitrator partiality (Matter of Morgan Guar. Trust Co. v Solow Bldg. Co., 279 A.D.2d 431, lv denied 96 N.Y.2d 711), rendered the prior arbitration something less than "a complete, final and...

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