IN RE: Danielle P. BARGER (2025)

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

IN RE: Danielle P. BARGER, TRUSTEE OF the EDELMAN FAMILY DECEDENT'S TRUST, Petitioner–Respondent, v. Peter L. MALKIN, et al., Respondents–Appellants.

4814

Decided: October 02, 2025

Manzanet–Daniels, J.P., Friedman, Pitt–Burke, Rosado, Chan, JJ.

Dewey Pegno & Kramarsky, LLP, New York (Thomas E.L. Dewey of counsel), for appellants. The Baez Legal Group, New York (Jose Anibal Baez of counsel), for respondent.

Order, Supreme Court, New York County New York County (Melissa A. Crane, J.), entered July 25, 2024, which granted petitioner's petition to confirm an arbitration award dated August 26, 2020, unanimously affirmed, with costs.

The arbitration award is confirmed for the reasons set forth in our decision in Matter of Shasha v. Malkin, 236 A.D.3d 502, 231 N.Y.S.3d 3 (1st Dept. 2025). That case concluded that respondents “failed to establish that the panel acted in manifest disregard of the law” (id at 502–504, 231 N.Y.S.3d 3 [citation and internal punctuation omitted]), and that “the arbitration panel properly rejected [the] contention that the Edelman Family Decedent's Trust, the trust of which ․ Danielle P. Barger was a trustee, was liable for defamatory statements allegedly made by Richard Edelman” (id. at 504, 231 N.Y.S.3d 3).

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