Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the arbitration award dated September 1, 2005 is vacated, the application is denied, and the arbitration award dated August 3, 2005 is reinstated and confirmed.
Contrary to the petitioner's contention, under the circumstances of this case the arbitrator improperly, in effect, granted its application to vacate his prior award, as the petitioner failed to demonstrate any of the statutory...
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