Wisner Professional Building, Inc. v. Zitone Construction & Supply Co.
Court: Appellate Division of the Supreme Court of the State of New York; February 12, 1996; New York; State Appellate Court
In the proceeding to vacate an arbitration award from July 19, 1994, the petitioners appealed an order and judgment from the Supreme Court, Orange County, which denied their petition and confirmed the award in favor of the respondent for $125,087.57. The court affirmed the decision, stating that the petitioners did not provide adequate evidence to demonstrate actual bias or the appearance of bias by the arbitrator, as required under CPLR 7511(b)(ii). The arbitrator's award was also found to be issued within the appropriate 30-day timeframe mandated by the American Arbitration Association Construction Industry Arbitration Rules. The court dismissed the petitioners’ additional arguments as meritless. The decision was upheld with costs awarded to the respondent.