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In Re Lawrence A. Goldstein, et al., Petitioners-Appellants v. 12 Broadway Realty LLC

New York Supreme and/or Appellate Courts Appellate Division, First Department


April 11, 2013

IN RE LAWRENCE A. GOLDSTEIN, ET AL., PETITIONERS-APPELLANTS, --
v.
12 BROADWAY REALTY LLC, RESPONDENT-RESPONDENT.

Matter of Goldstein v 12 Broadway Realty LLC

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 11, 2013

Gonzalez, P.J., Friedman, Abdus-Salaam, Roman, Clark, JJ.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 25, 2012, which denied petitioners' motion to, among other things, vacate an arbitration appraisal of real property, unanimously affirmed, without costs.

Respondent's appraiser notified petitioners' appraiser of a real estate transaction involving principals of respondent and the proposed neutral third appraiser's firm and offered petitioners' appraiser the opportunity to follow up with the neutral third appraiser to obtain additional information. Petitioners, however, did not inquire further. Instead, petitioners retained the third appraiser and proceeded with the arbitration. Accordingly, the court properly determined that petitioners waived any objections they had in connection with the alleged relationship between the third appraiser and respondent (see Matter of Namdar [Mirzoeff], 161 AD2d 348 [1st Dept 1990], lv denied 77 NY2d 802 [1991], cert denied 501 US 1251 [1991]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 11, 2013

CLERK

20130411

© 1992-2013 VersusLaw Inc.



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