DEL PIANO v. MERRILL LYNCH


859 A.2d 742 (2004)

372 N.J. Super. 503

Gary DEL PIANO, Plaintiff-Respondent, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INC., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 2004.


Attorney(s) appearing for the Case

S. Elaine McChesney (Bingham McCutchen), Boston, MA, of the Massachusetts bar, admitted pro hac vice, argued the cause for appellant (Bressler, Amery & Ross attorneys; Dominick F. Evangelista and Daniel T. Kopec of counsel, Ms. McChesney and Corin R. Swift of the Massachusetts bar, admitted pro hac vice, on the brief).

Anthony J. Del Piano argued the cause for respondent.

Before Judges WEFING, FALL and PAYNE.


The opinion of the court was delivered by

PAYNE, J.A.D.

Both Federal and State law provide, among the statutorily limited grounds upon which an arbitrator's award can be vacated, that such can occur "[w]here there was evident partiality ... in the arbitrators." See 9 U.S.C.A. § 10(a)(2); N.J.S.A. 2A:24-8b.1 The issue presented to us in this appeal is whether such...

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