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U.S. ELECTRONICS, INC. v. SIRIUS SATELLITE RADIO, INC.

No. 185

17 N.Y.3d 912 (2011)

958 N.E.2d 891

2011 NY Slip Op 8179

U.S. ELECTRONICS, INC., Appellant, v. SIRIUS SATELLITE RADIO, INC., Respondent.

Court of Appeals of New York.

Decided November 15, 2011.

Attorney(s) appearing for the Case

Schlam Stone & Dolan, LLP, New York City ( Richard H. Dolan , Andrew S. Harris and Samuel L. Butt of counsel), for appellant.

Kramer Levin Naftalis & Frankel, LLP, New York City ( Michael S. Oberman , Peter A. Abruzzese , Timothy P. Harkness , Karen S. Kennedy and Ashley S. Miller of counsel), for respondent.

Louis B. Kimmelman , New York City, Louis Epstein , Kathleen M. Scanlon and John D. Roesser for Association of the Bar of the City of New York, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner U.S. Electronics, Inc. (USE) seeks to vacate a unanimous arbitration award in favor of Sirius Satellite Radio, Inc. (Sirius) arising out of a breach of contract dispute. USE, which had a nonexclusive agreement with Sirius to distribute radio receivers, claims that Honorable William Sessions, the chairman of the arbitration panel, failed...

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