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MATTER OF CAPUTO v. STACK

Index No. 656772/19. Appeal No. 13524N-13524NA. Case Nos. 2020-02961, 2020-03135.

193 A.D.3d 447 (2021)

141 N.Y.S.3d 696

2021 NY Slip Op 02096

In the Matter of Mark Caputo et al., Respondents, v. Robert Stack et al., Appellants, et al., Respondents.

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

Decided April 6, 2021.

Attorney(s) appearing for the Case

Law Offices of K.C. Okoli, P.C., New York ( K.C. Okoli of counsel), for appellants.

Arent Fox LLP, New York ( David N. Wynn of counsel), for respondents.

Concur—Gische, J.P., Kapnick, Oing, Moulton, JJ.

Claimants failed to preserve their objection to the untimeliness of the arbitrator's final award since they did not notify the arbitrator in writing of their objection prior to the delivery of the award to them (CPLR 7507; see Matter of Saltzman [Wohl], 168 A.D.2d 210 [1st Dept 1990], lv denied 78 N.Y.2d 984 [1991]; Rosario v Carrasquillo, 88 A.D.2d 874

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