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In the Matter of STERLING CHEEK, Appellant, v. CHUBB SON, INC., Respondent.

Appeal by petitioner from an order of the Supreme Court, Queens County, dated December 5, 1978, which granted respondent's motion for reargument of a motion to vacate an arbitrator's award on the ground of bias and, upon reargument, reinstated the arbitrator's award. Order affirmed, with $50 costs and disbursements. The alleged bias of the arbitrator arose from a statement which, if made, occurred at the conclusion of the hearing. Petitioner waited until 11 days after the award was made and more than a month after the hearing to make the claim of bias on the part of the arbitrator. "Having such knowledge and not having objected [he] waived the right to do so after the rendition of the award" (see Matter of Cross Props. [Gimbel Bros.], 15 A.D.2d 913; see, also, Matter of Stevens Co. [Rytex Corp.], 34 N.Y.2d 123). Hopkins, J.P., Lazer, Rabin and Gulotta, JJ., concur.

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MATTER OF CHEEK v. CHUBB SON, INC
(May 14, 1979)