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MATTER OF BARTLE v. BARTLE

655077/17, 9928A, 9928.

175 A.D.3d 1216 (2019)

109 N.Y.S.3d 284

2019 NY Slip Op 06868

In the Matter of Elizabeth Bartle et al., Appellants, v. Andrew Bartle, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

September 26, 2019.

Attorney(s) appearing for the Case

Saul Ewing Arnstein & Lehr, New York (Steven C. Reingold of counsel), for appellants.

Hoguet Newman Regal & Kenney, LLP, New York (Laura B. Hoguet of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Tom, Gesmer, Oing, JJ.

The arbitrator properly addressed the issue of valuation of the subject building despite respondent's failure to raise the issue specifically in his arbitration demand. Respondent could not have challenged the appraisal and valuation of the building in his demand, filed in June 2016, because at that time the appraisal and valuation had not been completed. However, he placed the fair market value of his partnership interest at...

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