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Sandra L. Baker v. Junior's Food Outlet Doing Business As Western Beef

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


May 23, 2011

SANDRA L. BAKER,
APPELLANT,
v.
JUNIOR'S FOOD OUTLET DOING BUSINESS AS WESTERN BEEF,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (In-grid Joseph, J.), entered August 18, 2010.

Baker v Junior's Food Outlet

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 23, 2011

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ

The order denied plaintiff's motion, in effect, to vacate an arbitrator's award dismissing the action.

ORDERED that the order is affirmed, without costs.

In this small claims action to recover $278.49, the parties agreed to submit the matter to arbitration and signed a written consent form, which advised that "the arbitration award is final and binding and that no appeal is permitted." The action was dismissed after arbitration, and plaintiff appeals from an order denying her motion, in effect, to vacate the arbitrator's award.

A party to a small claims arbitration proceeding may move to vacate the arbitrator's award only upon one of the grounds set forth in CPLR 7511 (b) (see Matter of Retina Assoc. of L.I., P.C. v Rosberger, 45 AD3d 690 [2007]). In this case, plaintiff did not establish any of these grounds. Accordingly, the Civil Court properly denied plaintiff's motion to vacate the arbitrator's award (see Troni v American Collision Inc., 26 Misc 3d 143[A], 2010 NY Slip Op 50392[U] [App Term, 1st Dept 2010]; Silver v Tribeca, 26 Misc 3d 133[A], 2010 NY Slip Op 50124[U] [App Term, 1st Dept 2010]; Antoine v Duval, 24 Misc 3d 140[A], 2009 NY Slip Op 51635[U] [App Term, 2d, 11th & 13th Jud Dists 2009]).

Accordingly, the order is affirmed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.

Decision Date: May 23, 2011

20110523

© 1992-2011 VersusLaw Inc.



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