MATTER OF BAAR BEARDS, CASSINI, 30 N.Y.2d 649 (1972)

331 N.Y.S.2d 670, 282 N.E.2d 624

In the Matter of the Arbitration between BAAR BEARDS, INC., Appellant, and OLEG CASSINI, INC., Respondent.

Court of Appeals of the State of New York.Argued February 8, 1972
Decided March 16, 1972

Page 650

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD J. GREENFIELD, J.

Robert S. Groban for appellant.

Donald S. Engel for respondent.

Order reversed, with costs, and the matter remitted to Special Term for further proceedings in accordance with the following memorandum: An order vacating an arbitration award and directing a new arbitration before new arbitrators is final and appealable. (See, e.g., Matter of Milliken Woolens [Weber

Page 651

Knit Sportswear], 8 N.Y.2d 1025, rearg. den. 8 N.Y.2d 1157 Matter of Colony Liq. Distrs. [Local 669, Int. Brotherhood of Teamsters], 28 N.Y.2d 596.) On the record before us, there can be no doubt that respondent knowingly waived its objection to the arbitrator Hessen when — after the latter affirmed his prior dealings with petitioner-appellant’s president and before the hearings commenced — it explicitly stated in writing that “The panel is acceptable to the Parties.” Accordingly, the order appealed from should be reversed, with costs, and petitioner’s motion to confirm the award granted.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Judge BURKE dissents and votes to affirm on the majority opinion at the Appellate Division.