United States District Court, S.D. New York
OPINION & ORDER
S. ROMAN UNITED STATES DISTRICT JUDGE
Jerry Zandman ('Plaintiff or "Zandman")
commenced this action on or about December 14, 2017 in New
York State Supreme Court, Rockland County. Plaintiff asserts
claims, inter alia, under the Fair Credit Billing
Act and the Truth in Lending Act against Defendants Citibank,
N.A., Citi®cards and the New York Yankees Partnership dba
the New York Yankees Baseball Club. In January 2018,
Defendants Citibank, NA. and Citi®cards (collectively
"Citibank") removed the action to this Court. (ECF
No. 1.) By stipulation dated August 30, 2018, the Plaintiff
and Citibank agreed to submit all claims and counterclaims
asserted against each other to binding arbitration. (ECF No.
32.) By Opinion and Order, dated September 25, 2018, all
claims asserted on behalf of or against Defendant the New
York Yankees Partnership dba the New York Yankees Baseball
Club ("Yankees") were stayed pending the outcome of
the arbitration proceeding between Plaintiff and Citibank.
(ECF No. 37.) Following a hearing, on July 11, 2019,
Arbitrator Charles T. Bistany ("Bistany") issued a
decision denying Plaintiffs claims and awarding Citibank a
monetary award in the amount of $33, 596.77, on it's
counter claims, inclusive of attorney's fees.
before the Court is Defendant Citibank's motion to
confirm the arbitrator's award. (ECF No. 42, Exh. E.)
Plaintiff has yet to file any opposition to the motion. For
the reasons that follow, Defendant Citibank's motion to
confirm the arbitration award is GRANTED.
confirmation of an arbitrator's award is “a summary
proceeding that merely makes what is already a final
arbitration award a judgment of the court.” D.H.
Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 110
(2d Cir.2006) quoting Florasynth, Inc. v. Pickholz,
750 F.2d 171, 176 (2d Cir.1984). A party seeking to confirm
an arbitrator's award must move within one year of the
decision, and the order confirming the award must be granted
unless the award is vacated, modified, or corrected. 9 U.S.C.
§ 9 (2012). An arbitration award should be confirmed
upon a showing that there is a “barely colorable
justification for the outcome reached.” Nutrition
21, Inc. v. Wertheim, 150 Fed.Appx. 108, 109 (2d
Cir.2005) quoting Banco de Seguros del Estado v. Mut.
Marine Office, Inc., 344 F.3d 255, 260 (2d Cir.2003). A
district court may vacate an arbitrator's award upon a
showing that: (1) the award was procured by corruption,
fraud, or undue means; (2) there was evident partiality or
corruption in the arbitrator(s); (3) the arbitrator(s) was
guilty of misconduct in refusing to postpone the hearing,
refused to hear evidence pertinent and material to the
controversy; or of any other misbehavior by which the rights
of a party has been prejudiced; or (4) the arbitrator(s)
exceeded his scope of authority. 9 U.S.C. § 10(a). A
party seeking to avoid summary confirmation of an arbitration
award bears a high burden. See Willemijn
Houdstermaatschappij, BV v. Standard Microsystems Corp.,
103 F.3d 9, 12 (2d Cir.1997) (citation omitted).
being no opposition to the motion to confirm the
arbitrator's award and no showing that warrants vacatur,
the Court grants Defendant Citibank's motion to confirm
the arbitrator's award. Arbitrator Bistany determined
that Citibank demonstrated that authorized purchases in the
amount of $26, 000.00 were made on Plaintiff's credit
card and that Plaintiff's claims were meritless.
Accordingly, Arbitrator Bistany granted Citibank a monetary
award in in the amount of $27, 096.77, inclusive of all fees
and interest due through the date of the award, plus $6,
500.00 in legal fees, totaling $33596.77.
foregoing reasons, Defendant's' motion to confirm the
arbitration award is GRANTED. In accordance with the award,
all claims asserted by Plaintiff against Citibank are deemed
dismissed. All cross-claims assert by Defendant Citibank and
Defendant Yankees as against each other are voluntarily
dismissed. The Clerk of the Court is respectfully
directed to enter judgment in favor of Defendant Citibank and
against Plaintiff Zandman in the amount of $33, 596.77, plus
statutory interest from July 11, 2019. The Clerk of the Court
is respectfully directed to terminate the motion at ECF No.
and Defendant Yankees are directed to contact Magistrate
Judge Paul E. Davidson within five days of this order for the
purpose of scheduling a status conference regarding the
remaining claims. The current stay in effect is deemed
The Court is in receipt of a letter
dated January 13, 2020 from Defendant Citibank's counsel
wherein she represents that Citibank and the Yankees have
agreed to voluntarily ...