MATTER OF DiNAPOLI v. UBS FIN. SERVS. INC.

9011N, 653787/16.

171 A.D.3d 553 (2019)

98 N.Y.S.3d 161

2019 NY Slip Op 02839

In the Matter of Michael James DiNapoli, Respondent, v. UBS Financial Services Inc. et al., Appellants.

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

Decided April 16, 2019.


The court granted the petition to vacate the arbitration award on the ground that petitioner was not properly served with notice of the arbitration. Under New Jersey arbitration law, the application of which both parties agree applies, lack of proper service "so as to substantially prejudice the rights of a party to the arbitration proceeding" is a ground for vacatur of an arbitration award (NJ Stat Ann § 2A:23B-23 [a] [6]).

We conclude that the arbitrator correctly...

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