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Whitestone Construction Co. v. Varied Construction Corp.
Citations: 118 A.D.3d 418; 987 N.Y.S.2d 56
Court: Appellate Division of the Supreme Court of the State of New York; June 3, 2014; New York; State Appellate Court
Judgment from the Supreme Court, New York County, affirming the denial of a petition to declare the respondent in default and dismissing the proceeding under CPLR article 75. The court ruled that the arbitrators had appropriately denied the petitioner's requests to declare a default due to the respondent's failure to pay its share of arbitrator compensation, citing a governing arbitration rule that prohibits defaults for nonpayment. The court concluded it should not intervene at this stage, referencing precedents such as *Matter of Salvano v Merrill Lynch* and *Mobil Oil Indonesia v Asamera Oil*. The petitioner's cited authorities, including *Brandifino v CryptoMetrics, Inc.* and *Sanderson Farms, Inc. v Gatlin*, were found unpersuasive as they did not involve similar arbitration rules or relevant policy concerns. Other arguments presented by the petitioner were also deemed unconvincing. The judgment was unanimously affirmed without costs by Justices Tom, Renwick, Andrias, Freedman, and Clark.