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New York Merchants Protective Co., Inc v. Rockaway Bagels

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


April 11, 2011

NEW YORK MERCHANTS PROTECTIVE CO., INC.,
APPELLANT,
v.
ROCKAWAY BAGELS, INC.,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered March 25, 2009.

New York Merchants Protective Co., Inc. v Rockaway Bagels, Inc.

Decided on April 11, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: WESTON, J.P., RIOS and STEINHARDT, JJ

The order denied a petition to confirm an arbitration award and dismissed the proceeding.

ORDERED that the order is affirmed, without costs.

For the reasons stated in New York Merchants Protective Co., Inc. v Mima's Kitchen, Inc. (__ Misc 3d __, 2011 NY Slip Op _____ [Appeal No. 2009-1612 Q C], decided herewith), the order is affirmed.

Rios and Steinhardt, JJ., concur.

Weston, J.P., dissents in a separate memorandum.

Weston, J.P., dissents and votes to reverse the order and grant petitioner's application to confirm the arbitration award in the following memorandum:

For the reasons stated in my dissent in New York Merchants Protective Co., Inc. v Mima's Kitchen, Inc. (___ Misc 3d ___, 2011 NY Slip Op ___ [Appeal No. 2009-1612 Q C], decided herewith), I vote to reverse the order and grant the petition to confirm the arbitration award.

Decision Date: April 11, 2011

20110411

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