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CHERVENAK v. HOTEL RITTENHOUSE ASSOCIATES (03/30/84)

filed: March 30, 1984.

CHERVENAK, KEANE & COMPANY, INC. (CKC ASSOCIATES)
v.
HOTEL RITTENHOUSE ASSOCIATES, INC., APPELLANT, HERBERT S. LEVIN, ESQ., ARBITRATOR



No. 146 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Civil Division, at No. 4730 June 1980.

COUNSEL

Michael H. Egnal, Philadelphia, for appellant.

Alexander A. Disanti, Media, for Chervenak, appellee.

Barnett Satinsky, Philadelphia, for Levin, appellee.

Spaeth, President Judge, and Brosky and Hoffman, JJ.

Author: Hoffman

[ 328 Pa. Super. Page 359]

Appellant challenges the lower court's affirmance of an arbitration panel's award in favor of appellee. We hold that the court, finding no violation of the arbitration procedure, correctly confirmed the award and entered judgment. Accordingly, we affirm the order entered below.

On June 12, 1979, appellant, Hotel Rittenhouse Associates (HRA), and appellee, Chervenak, Keane and Co. (CKC), entered into a contract whereby appellee was to provide advisory services in certain technical support areas incident to the construction and pre-opening of appellant's hotel-condominium. Although the contract was for two years, appellant terminated appellee's services four months into the performance period. Because the contract provided for common law arbitration in the event of any dispute, the

[ 328 Pa. Super. Page 360]

    matter was referred to an arbitration panel consisting of one member appointed by each of the two parties and a neutral member appointed by the lower court after the two initial appointees failed to agree on a third. Following a series of hearings before the panel, from December, 1980 to May, 1981, the majority of the panel determined that appellee was entitled to $100,020.00 damages incident to appellant's breach and an additional $30,000.60 interest computed in accordance with the contract's provisions. Appellee then petitioned the lower court to confirm the award and appellant petitioned for its vacatur. Following a hearing on the matter, the lower court confirmed the award and entered judgment in appellee's favor. This appeal followed.

Appellant contends first that the lower court erred in refusing to accept as admissions averments included in appellant's answer to appellee's Petition to Confirm the Arbitration Award. We find no merit in this contention. Pa.R.Civ.P. 209 provides:

If, after the filing and service of the answer, the moving party does not ...


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