Brill v. Mueller Bros., Inc.

• Decision Date: 11 March 1965
• Parties: , 206 N.E.2d 651 Application of Norma BRILL, Appellant, to Vacate an Arbitration Award in an Arbitration Proceeding with MULLER BROTHERS, INC., Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 644

258 N.Y.S.2d 644

15 N.Y.2d 909, 206 N.E.2d 651

Application of Norma BRILL, Appellant, to Vacate an Arbitration Award in an Arbitration Proceeding with MULLER BROTHERS, INC., Respondent.

Court of Appeals of New York.

March 11, 1965.

Appeal from Supreme Court, Appellate Division, First Department, 22 A.D.2d 678, 253 N.Y.S.2d 391.

Proceeding was brought to vacate an arbitration award.

The Supreme Court, Special Term, New York County, Arthur Markewich, J., entered an order in favor of the the petitioner, and the respondent appealed.

The Appellate Division unanimously reversed the order on the law, the facts, and in exercise of discretion, denied motion, and held that petitioner failed to allege sufficient facts to establish the existence of partiality on the part of the arbitrator or that any partiality contributed to the making of the award.

The petitioner appealed to the Court of Appeals and made a motion in the Court of Appeals for leave to appeal.

Motion dismissed and, on court's own motion, appeal taken as of right, by notice of appeal dated December 12, 1964, also dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.