Matter of Mikel v. Scharf
New York Supreme Court, Appellate Division
444 N.Y.S.2d 690 (1981)
- Written by Alexander Hager-DeMyer, JD
Facts
Shlomo Mikel (plaintiff) and Asher Scharf (defendant) were parties to a landlord rent dispute and entered into an arbitration proceeding before a religious tribunal to resolve the controversy. Scharf attempted to have his attorney present at the tribunal’s meetings, and after considerable pleading, the attorney was allowed to attend the initial arbitration meeting. Two subsequent meetings were scheduled, but the tribunal’s notice letters to Scharf explicitly told him not to bring representation. The tribunal refused to allow Scharf to present evidence or testimony supporting his position. The tribunal granted an award in favor of Mikel, and Mikel filed a motion in New York state court to confirm the award. Scharf filed a motion to vacate the award, claiming that he was improperly denied representation at the arbitration proceedings. The trial court vacated the award, and Mikel appealed to the New York Supreme Court’s Appellate Division.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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