ESQ HQNEW YORK LAW WATCH

Supreme Court, New York County · January 5, 2026 · 89 Misc 3d 918

57TH & 6TH v CARNEGIE CORP

Read the official decision: 89 Misc 3d 918

This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.

Holding The court confirmed the arbitration award, holding that the tenant failed to meet the heavy burden of proving by clear and convincing evidence that the umpire’s misconduct or partiality prejudiced its rights. Although the umpire’s conduct created an appearance of impropriety, the tenant did not demonstrate actual harm, and the tenant’s own arbitrator’s signature on the unanimous award precluded impeachment of the final valuation.

The court’s words

the tenant has failed to meet the very heavy burden of proof required under CPLR article 75 to demonstrate that its rights were prejudiced

89 Misc 3d 918, at the official text

an arbitrator may not be heard to impeach his own award

89 Misc 3d 918, at the official text

the tenant has not met its burden to prove that this court would be justified in usurping the will of the arbitrators

89 Misc 3d 918, at the official text
CourtSupreme Court, New York County
DecidedJanuary 5, 2026
Citation89 Misc 3d 918
Area of lawArbitration
WeekWeek ending January 10, 2026
Official textOfficial decision: 89 Misc 3d 918
Source feedNew York advance sheet: 26nyadv37.pdf
Law Watch record id91

Recommended citation

ESQ HQ, New York Law Watch, 57TH & 6TH v CARNEGIE CORP, 89 Misc 3d 918 (Supreme Court, New York County, January 5, 2026), https://esqhq.com/decisions/89-misc-3d-918/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published January 5, 2026. Updated November 14, 2026.