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New York Merchants Protective Co., Inc v. Oristy Food Center

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.
ORISTY FOOD CENTER, INC.,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diccia T. Pineda-Kirwan, J.), dated April 9, 2007, deemed from a judgment of the same court entered November 30, 2009 (see CPLR 5520 [c]).

New York Merchants Protective Co., Inc. v Oristy Food Ctr., Inc.

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 11, 2011

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

The judgment, entered pursuant to the April 9, 2007 order, denied a petition to confirm an arbitration award and dismissed the proceeding.

ORDERED that the judgment 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 judgment is affirmed.

Rios and Steinhardt, JJ., concur.

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

Weston, J.P., dissents and votes to reverse the judgment 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 judgment and grant the petition to confirm the arbitration award.

Decision Date: April 11, 2011

20110411

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