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COTY INC., Petitioner-Appellant, v. ANCHOR CONSTRUCTION, INC., Respondent-Respondent.

The arbitration award against respondent was properly vacated in light of the appearance of impropriety created by the involvement of the arbitrators in the parties' dispute over prepayment of arbitration fees, a matter in which the arbitrators had a direct financial interest ( see Matter of Grendi v. LNL Constr. Mgt. Corp., 175 A.D.2d 775; see also Catalyst Waste-to-Energy Corp. of Long Beach v. City of Long Beach, 164 A.D.2d 817, appeal dismissed 76 N.Y.2d 1017).

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

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COTY INC. v. ANCHOR CONSTR., INC
(May 25, 2004)