Excelsior 57th Corp. v. Kern

In Excelsior 57th Corp. v. Kern, 218 A.D.2d 528 [1st Dept 1995], the Court found sufficient cause to intercede and to disqualify an arbitrator, who had expressed an opinion about the matter before the arbitration in a prior proceeding, on the grounds that "a real possibility that injustice will result if the hearings continued with the arbitrator in place" and that "this Court was concerned with the appearance of impropriety on the part of the 'umpire' and not actual prejudice." (id. at 530.)