UNITED SERVICES AUTOMOBILE v. PAPADINOS LLC (2018)

Recitation, as required by CPLR 2219(a), of the papers considered on the review of this Petition to confirm an arbitration award

PAPERS NUMBERED

Notice of Petition and Petition Affidavits and

Affidavits and Exhibits Annexed 1

Answering Affidavits

Replying Affidavits

Sur-Reply Affidavits

Upon the foregoing cited papers, the Decision/Order on this motion is as follows:

In this proceeding, Petitioner seeks to confirm an arbitration award issued by the arbitrator for $50,000.00 against the Respondent, pursuant to CPLR § 7510. The issue before the arbitrator was liability in connection with an automobile accident. Petitioner was seeking reimbursement from Respondent of the $50,000.00 No-Fault statutory limit. The arbitrator ruled that Petitioner was entitled to the full $50,000.00.

The Petition to confirm the arbitration award must be granted.

CPLR § 7510 sets forth, “the court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified upon ground specified in section 7511.”

CPLR § 7511(1) sets forth the four grounds upon which the Respondent may vacate or set aside an arbitration award. These are: “(i) corruption, fraud or misconduct in procuring the award; or (ii) partiality of an arbitrator appointed as a neutral, except where the award was by confession; or (iii) an arbitrator, or agency or person making the award exceeded his power or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made; or (iv) failure to follow the procedure of this article, unless the party applying to vacate the award continued with the arbitration with notice of the defect and without objection.”

In this case, Petitioner moves without opposition to confirm the arbitration award rendered by the arbitrator on October 19, 2017, i.e. within one year after the delivery.

Accordingly, the Arbitration award is confirmed and the Petitioner may enter judgment in favor of Petitioner and against the Respondent the sum of $50,000.00.

Andrew Borrok, J.