In re the Arbitration between Jones Hirsch Connors & Bull
Opinion of the Court
Order and judgment (one paper) of the Supreme Court, New York County (Myriam Altman, J.), entered August 16, 1989, which, inter alia, confirmed an arbitration award in petitioner’s favor, and denied respondents’ cross motion to vacate the arbitration award, unanimously affirmed, with costs.
This litigation arises out of the dissolution of a law firm. Petitioner’s position is that respondents, in withdrawing from the law firm, failed to follow the procedures specified in the partnership agreement. During negotiations over the liquidation of the firm, both parties retained an accounting firm to advise them. A letter agreement between the parties concerning this accounting firm specified that if the matter eventually went to arbitration, an accountant from the firm could not be called to express any opinions on the interpretation of the partnership agreement. The agreement specified that the accountant could only be called as a witness by the arbitrator. The matter went to arbitration, and respondents attempted to call as a witness an accountant from that firm. Petitioner objected and the arbitrators precluded the testimony. The specific basis for the rejection of the testimony, however, was that the arbitrators did not need this expert testimony.
On the basis of this record, we reject respondents’ argument that the arbitrators committed misconduct in excluding the testimony. It is well established that "an arbitrator is not
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