IN RE: ANASTASI & ASSOCIATES (2008)

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

IN RE: ANASTASI & ASSOCIATES, et al., Petitioners-Respondents, v. MASARYK TOWERS CORPORATION, Respondent-Appellant.

Decided: June 05, 2008

TOM, J.P., FRIEDMAN, NARDELLI, BUCKLEY, RENWICK, JJ.

Gallet Dreyer & Berkey, LLP, New York (Morrell I. Berkowitz of counsel), for appellant. Zetlin & De Chiara LLP, New York (Raymond T. Mellon of counsel), for respondents.

Judgment, Supreme Court, New York County (Charles E. Ramos, J.), entered August 3, 2007, confirming an arbitration award to petitioners in the principal amount of $214,073.02, unanimously affirmed, with costs.

The award was neither irrational nor contrary to public policy (see Matter of Board of Educ. of Arlington Cent. School Dist. v. Arlington Teachers Assn., 78 N.Y.2d 33, 37, 571 N.Y.S.2d 425, 574 N.E.2d 1031 [1991] ). Respondent may not avoid payment for architectural services performed on its behalf by petitioners prior to the license suspension of one of the architects and without any evidence of misconduct on petitioners' part in connection with this project. The court appropriately declined to divest this special proceeding of its summary nature by consolidating it with a pre-existing plenary action (see Lun Far Co. v. Aylesbury Assoc., 40 A.D.2d 794, 338 N.Y.S.2d 84 [1972] ).

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