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MATTER OF FRIED v. POLACCO

Index No. 655888/18. Appeal No. 12784. Case No. 2019-03347.

190 A.D.3d 414 (2021)

135 N.Y.S.3d 639

2021 NY Slip Op 00011

In the Matter of Paul Fried, Respondent, v. Michael Polacco, Appellant.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Smith & Schwartzstein LLC, New York ( Andrew B. Smith of counsel), for appellant.

Terence Christian Scheuer, P.C., Carle Place ( Terence C. Scheuer of counsel), for respondent.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

While the transcript of one day of the arbitration hearing is missing from the record on appeal, absent a showing that the error was other than inadvertent or that petitioner was prejudiced by the omission, this is not a ground for dismissing the appeal (see 2001 Real Estate v Campeau Corp. [US], 148 A.D.2d 315 [1st Dept 1989]).

Respondent's challenges to the award are all based on his disagreement with the arbitrator's credibility...

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