BALLIU v. LOO (2018)

ORDERED that the order is affirmed, without costs.

In this small claims action, plaintiff seeks to recover the sum of $5,000 to compensate him for the destruction of property allegedly caused by defendant. Following small claims arbitration, the arbitrator awarded plaintiff the principal sum of $5,000, and a judgment was subsequently entered pursuant to the award (see Uniform Rules for NY City Civ Ct [22 NYCRR] § 208.41 [n] [5] ). Defendant moved to vacate or modify the arbitrator's award and, in effect, the judgment entered pursuant thereto, on the ground that the arbitrator had not been impartial. By order dated September 29, 2016, the Civil Court denied defendant's motion.

A party seeking to vacate or modify a small claims arbitration award, and a judgment entered pursuant thereto, bears the burden of establishing, by clear and convincing evidence, one of the statutory grounds enumerated in CPLR 7511 (b) (in the case of vacatur) (see e.g. Matter of Arab v. ATC Jewelers, Inc., 45 AD3d 588 [2007]; Benham v. George, 28 Misc 3d 128[A], 2010 NY Slip Op 51190[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2010] ) or CPLR 7511 (c) (in the case of modification). While defendant raised one of the grounds for vacatur (i.e., CPLR 7511 [b] [ii] [“partiality of an arbitrator appointed as a neutral”] ), he merely made conclusory statements with no support therefor. As defendant has failed to establish any statutory ground to warrant the vacatur or modification of the arbitration award and, in effect, the judgment entered pursuant thereto, we find no basis to disturb the Civil Court's order.

Accordingly, the order is affirmed.

WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.