New York Court of Appeals, 1962

In Re the Arbitration Between Cross Properties, Inc. & Gimbel Bros.

In Re the Arbitration Between Cross Properties, Inc. & Gimbel Bros.
New York Court of Appeals · Decided December 6, 1962 · Fuld
12 N.Y.2d 806; 187 N.E.2d 129; 236 N.Y.S.2d 61; 1962 N.Y. LEXIS 846

In Re the Arbitration Between Cross Properties, Inc. & Gimbel Bros.

Opinion of the Court

Order and judgment affirmed, with costs.

Concur: Chief Judge Desmond and Judges Dye, Froessel, Van Voorhis, Burke and Foster. Judge Fuld dissents in the following opinion:

Dissenting Opinion

Fuld, J. (dissenting).

In view of the fact that an award made by arbitrators is well-nigh conclusive, the courts must be especially careful, when the impartiality or objectivity of an arbitrator, appointed as a neutral, is challenged, to make certain that there were no undisclosed disqualifying relationships between such arbitrator and a party which might have prevented-him from rendering an unprejudiced or independent decision. This has been a long-drawn-out, complicated and expensive proceeding, but I do not see how, if the integrity of the arbitral process is to be assured, we may uphold the determination made in this case. I would, therefore, reverse the order and judgment appealed from and vacate the award for the reasons stated by Justice Valente in his dissenting opinion below.

Order and judgment affirmed.

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