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Steven Kessler Motor Cars, Inc. v. Ferrari North America, Inc.
Citations: 245 A.D.2d 211; 666 N.Y.S.2d 613; 1997 N.Y. App. Div. LEXIS 13332
Court: Appellate Division of the Supreme Court of the State of New York; December 22, 1997; New York; State Appellate Court
The Supreme Court of New York County, under Judge Elliott Wilk, issued an order on November 8, 1996, denying the claimant's request to continue a preliminary injunction against the termination of the respondent's franchise and to vacate an interim arbitration award. The decision was unanimously affirmed, with costs awarded to the respondent. The court found that the claimant did not meet the "clear and convincing proof" standard required to establish actual bias from the arbitrator. A remark made by the arbitrator regarding the credibility of the claimant’s principal was deemed insufficient to demonstrate bias or misconduct. The court upheld the arbitrator's application of section 13(a) of the franchise agreement concerning nonrenewal, rejecting the claimant's argument that section 12 should apply, which pertains to termination prior to the expiration date. Other arguments presented by the claimant were considered and found to lack merit. The decision was concurred by Justices Ellerin, Nardelli, Williams, Andrias, and Colabella.