Narrative Opinion Summary
In a proceeding under CPLR 7510 to confirm an arbitration award dated February 22, 1995, the Supreme Court, Kings County, denied the petitioner's request to confirm the award and granted the respondent's motion to vacate it and order new arbitration. This decision was reversed on appeal, with costs awarded to the petitioner. The appellate court granted the petition to confirm the award, denied the motion to vacate, and remitted the matter to the Supreme Court for entry of judgment confirming the award. The court found that none of the grounds for vacating an arbitration award under CPLR 7511(b) were applicable in this instance. Additionally, the arbitrator's determination was deemed neither totally irrational nor in violation of public policy. The respondent failed to meet the burden of proof required to vacate the arbitration award. The decision was concurred by Justices Mangano, P.J., Miller, Santucci, and Hart.
Legal Issues Addressed
Arbitrator's Determination Reviewsubscribe to see similar legal issues
Application: The arbitrator's decision was upheld as it was neither irrational nor against public policy, supporting the confirmation of the award.
Reasoning: Additionally, the arbitrator's determination was deemed neither totally irrational nor in violation of public policy.
Burden of Proof in Vacating Arbitration Awardsubscribe to see similar legal issues
Application: The respondent failed to meet the burden of proof required to vacate the arbitration award, leading to the confirmation of the award.
Reasoning: The respondent failed to meet the burden of proof required to vacate the arbitration award.
Confirmation of Arbitration Award under CPLR 7510subscribe to see similar legal issues
Application: The appellate court reversed the lower court's decision, confirming the arbitration award and denying the motion to vacate.
Reasoning: The appellate court granted the petition to confirm the award, denied the motion to vacate, and remitted the matter to the Supreme Court for entry of judgment confirming the award.
Grounds for Vacating Arbitration Award under CPLR 7511(b)subscribe to see similar legal issues
Application: The court determined that the respondent did not establish any of the statutory grounds necessary to vacate the arbitration award.
Reasoning: The court found that none of the grounds for vacating an arbitration award under CPLR 7511(b) were applicable in this instance.