On December 6, 2022, the First Department issued a decision in Matter of Tender Touch Health Care Servs. Inc. v. Tnuzeg LLC, 2022 NY Slip Op. 06895, holding that an arbitrator’s denial of adjournments was an insufficient basis for vacating an arbitral award, explaining:
Respondents failed to establish by clear and convincing evidence any ground for vacating the arbitration award. Respondents did not establish that the arbitration panel’s decision was irrational or exceeded a specifically enumerated limitation on its powers, or that the panel was biased. It is within the arbitrator’s broad discretion to grant or deny adjournments. Respondents did not meet their burden of demonstrating that the purported denial of their nonspecific request for adjournments forcloseed the presentation of material and pertinent evidence to their prejudice. The adjournment request was made at most one week before the testimony was scheduled, and in any event, the arbitration panel concluded that evidence of any alleged billing irregularities was immaterial to the breach of contract claim.
(Internal citations omitted).