Bear, Stearns & Co. v. International Capital & Management Co.
Opinion of the Court
In this proceeding brought under article 75 of the CPLR, the panel in the underlying arbitration, operating pursuant to the rules of the Financial Industry Regulatory Authority (FINRA), did not exceed its powers or violate a strong and well-defined public policy by awarding attorneys’ fees to petitioners Bear, Stearns and its affiliates, who were the respondents in the arbitration (see Matter of Goldberg v Thelen Reid Brown
Moreover, during the hearing International Capital failed to object to petitioners’ repeated request for fees or withdraw its own fee request. International Capital’s last-minute attempt to withdraw consent was ineffectual. It waited until its closing statement at the conclusion of the proceedings before withdrawing its own claim for attorneys’ fees, by which time it was apparent that the panel would award the Bear, Stearns parties attorneys’ fees they had incurred in defending claims that International Capital withdrew only after discovery was completed. In any event, it is clear from the record that the panel’s award amounted to a sanction for discovery abuse that was authorized by the FINRA rules. Concur — Mazzarelli, J.E, Saxe, Moskowitz, Renwick and Freedman, JJ.
The Decision and Order of this Court entered herein on June 14, 2012 (96 AD3d 531 [2012]) is hereby recalled and vacated (see 2012 NY Slip Op 85969[U] [decided simultaneously herewith]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.