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In Re Natixis North America, LLC v. Brook Payner

New York Supreme and/or Appellate Courts Appellate Division, First Department


December 13, 2012

IN RE NATIXIS NORTH AMERICA, LLC,
PETITIONER-APPELLANT,
v.
BROOK PAYNER,
RESPONDENT-RESPONDENT.

Matter of Natixis N. Am., LLC v Payner

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 13, 2012

Tom, J.P., Sweeny, Moskowitz, Renwick, Clark, JJ.

Order and judgment (one paper), Supreme Court, New York County (Charles E. Ramos, J.), entered February 2, 2012, which denied the petition to vacate an arbitration award, granted respondent's cross motion to confirm the award, and awarded respondent judgment on the award in the total amount of $3,290,627.73, unanimously affirmed, with costs.

The arbitral award was properly confirmed in the absence of a showing that the arbitrators manifestly disregarded the law (see Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, 480-481 [2006], cert dismissed 548 US 940 [2006]; Cantor Fitzgerald Sec. v Refco Sec., LLC, 83 AD3d 592, 593 [1st Dept 2011]). There is no basis to conclude that the arbitrators ignored law which is "well defined, explicit, and clearly applicable to the case," as required to vacate an arbitral award under the "manifest disregard" standard (Wien, 6 NY3d at 481).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 13, 2012

CLERK

20121213

© 1992-2012 VersusLaw Inc.



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