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IN RE: the LAW FIRM OF JENNIFER ZUCH, P.L.L.C., Petitioner-Respondent, v. Alex LEMUS et al., Respondents-Appellants.
Order, Supreme Court, New York County (Leslie A. Stroth, J.), entered on or about May 30, 2024, which granted petitioner law firm's petition to confirm an arbitration award, dated September 12, 2023, granting it $297,150.91 in unpaid legal fees, and denied respondents' motion to vacate the award, unanimously affirmed, with costs.
The court correctly confirmed the arbitration award, as respondents failed to meet the “high burden” to vacate the award (see CPLR 7511[b][1]; Matter of D.P.I. Imports, Inc v. Q4 Designs, LLC, 232 A.D.3d 512, 512, 223 N.Y.S.3d 16 [1st Dept. 2024], lv denied 43 N.Y.3d 903, 2025 WL 1129350 [2025]). The record does not show that the arbitrator engaged in fraud, corruption or misconduct by refusing to hear pertinent and material evidence, or that he manifestly disregarded the law in finding that respondents breached the retainer agreement and were otherwise liable for the unpaid legal fees based on the equitable theories of recovery (see Wien & Malkin LLP v. Helmsley–Spear, Inc., 6 N.Y.3d 471, 480, 813 N.Y.S.2d 691, 846 N.E.2d 1201 [2006]). A court will not set aside an arbitrator's award for errors of law or fact unless the award is so irrational as to require vacatur, which is not the case here (Matter of Kucker Marino Winiarsky & Bittens, LLC v. Neiman, 226 A.D.3d 480, 482, 206 N.Y.S.3d 606 [1st Dept. 2024]).
We have considered respondents' remaining arguments and find them unavailing.
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Docket No: 5032
Decided: October 23, 2025
Court: Supreme Court, Appellate Division, First Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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