An arbitrator’s findings in favor of Major, Lindsey  & Africa, LLC was affirmed by the New York Appellate Division for the First Judicial Department

The arbitrator did not exceed her power in finding that petitioner was a faithless servant (see Lamdin v Broadway Surface Adv. Corp., 272 NY 133, 138 [1936]; Visual Arts Found., Inc. v Egnasko, 91 AD3d 578, 579 [1st Dept 2012]). Nor was the award itself, which included disgorgement of petitioner’s past salary and commissions, violative of public policy (see Soam Corp. v Trane Co., 202 AD2d 162 [1st Dept 1994], lv denied 83 NY2d 758 [1994]), or punitive in nature (see Matter of Blumenthal [Kingsford], 32 AD3d 767 [1st Dept 2006], lv denied 7 NY3d 718 [2006]). There is also no evidence the arbitrator’s findings should be vacated based upon conflicts or bias (see Kolel Beth Yechiel Mechil of Tartikov, Inc. v YLL Irrevocable Trust, 729 F3d 99, 105-106 [2d Cir 2013]).