MATTER OF BAY RIDGE TOYOTA, INC. v. Lyons
| Decision Date | 08 May 2000 |
| Citation | 707 N.Y.S.2d 205,272 A.D.2d 397 |
| Court | New York Supreme Court — Appellate Division |
| Parties | In the Matter of BAY RIDGE TOYOTA, INC., Appellant,<BR>v.<BR>MICHAEL LYONS, Respondent. |
Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.
Ordered that the order is affirmed, with costs.
The petitioner failed to demonstrate that the arbitrator's refusal to grant it an adjournment to conduct an independent examination of the subject car warranted vacatur of the award. One of the bases for the award, that the vehicle was out of service due to repairs or malfunction for 15 or more days, was not contingent upon whether the car was presently operable (see, General Business Law § 198-b [c]).
The petitioner's remaining contentions are without merit.
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Daimlerchrysler Corp. v. Spitzer
...demonstrate that a defect still existed as of the date of arbitration. But in 2002, in response to Matter of Bay Ridge Toyota v. Lyons, 272 A.D.2d 397, 707 N.Y.S.2d 205 (2d Dept.2000),1 the Attorney General reconsidered his interpretation of General Business Law § 198-a (d), and concluded t......
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