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IN THE MATTER OF HSBC BANK USA, NATIONAL ASSOCIATION v. NATIONAL EQUITY CORP.

23 A.D.3d 305 (2005)

804 N.Y.S.2d 311

In the Matter of HSBC BANK USA, NATIONAL ASSOCIATION, Respondent, v. THE NATIONAL EQUITY CORP. et al., Appellants, et al., Respondent.

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

November 29, 2005.

The arbitrators' refusal to adjourn the hearing, which had already taken four years as a result of adjournments granted respondents to abide certain criminal prosecutions, did not foreclose the presentation of pertinent and material evidence and did not otherwise constitute misconduct within the meaning of CPLR 7511 (b) (1) (i) (see Matter of Bevona [Superior Maintenance Co.], 204 A.D.2d 136, 139 [1994]). The only showing made by...

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