NADEL ASSOCIATES v. NEIL (2008)

Supreme Court, Appellate Division, First Department, New York.

NADEL & ASSOCIATES, P.C., Petitioner-Respondent, v. Joseph O'NEIL, Respondent-Appellant.

Decided: April 08, 2008

TOM, J.P., SAXE, NARDELLI, WILLIAMS, JJ.

Joseph O'Neil, appellant pro se. Nadel & Associates, P.C., New York (Lorraine Nadel of counsel), for respondent.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered March 5, 2007, which, to the extent appealed from as limited by the briefs, granted the petition to vacate an arbitration award, unanimously affirmed, without costs.

The arbitrator's notice of hearing was sent to the law firm's former business address, despite the firm's timely notification of a change of address. No evidence was offered that the notice was sent by registered or certified mail, as required by CPLR 7506(b). Upon being notified of the hearing at the time of its commencement, the firm requested adjournment of approximately 30 minutes so it could appear, but the request was denied, resulting in foreclosure of its presentation of pertinent and material evidence. This constituted an abuse of discretion and misconduct within the meaning of CPLR 7511(b)(1)(i) ( Matter of Bevona v. Superior Maintenance Co., 204 A.D.2d 136, 139, 611 N.Y.S.2d 193 [1994] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network