| Howell v Cowan |
| 2026 NY Slip Op 50192(U) [88 Misc 3d 128(A)] |
| Decided on January 23, 2026 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Moses Cowan, appellant pro se. Kimani A. Howell, respondent pro se (no brief filed).
Appeal from an order of the Civil Court of the City of New York, Kings County (Brian L. Gotlieb, J.), entered May 14, 2024. The order denied defendant's motion to vacate a judgment entered October 17, 2023 pursuant to an arbitrator's award dated October 12, 2023 and, in effect, to vacate the arbitrator's award.
ORDERED that the order is reversed, without costs, defendant's motion to vacate the judgment entered October 17, 2023 and, in effect, to vacate the October 12, 2023 arbitrator's award is granted, and the action is dismissed.
Plaintiff commenced this small claims action to recover $5,000 for failure to return a security deposit, naming Moses Cowan as the defendant. The parties agreed to submit the matter to arbitration and signed a "consent to arbitration form," advising them that the arbitration award would be final and that no appeal would be permitted. Following the arbitration hearing, the arbitrator, on October 12, 2023, awarded plaintiff $5,000. On October 17, 2023, a judgment was entered pursuant to the arbitrator's award (see Uniform Rules for NY City Civ Ct [22 NYCRR] § 208.41 [n] [5]). Mr. Cowan moved to vacate the judgment and, in effect, the arbitration award, arguing that 637 Greene Avenue, LLC was the lessor, and therefore the appropriate defendant, and not Mr. Cowan. Mr. Cowan appeals from an order of the Civil Court (Brian L. Gotlieb, J.) entered May 14, 2024 denying his motion.
Upon a review of the record, we find that plaintiff sued the wrong party, and therefore that the award cannot stand (see CPLR 7511 [b] [1] [iii]; Matter of Richardson v Markovich, 227 AD3d 999, 1000 [2024] [an arbitration award is irrational where there is "no proof whatever to [*2]justify" it]). Accordingly, we reverse the order entered May 14, 2024, grant Mr. Cowan's motion to vacate the judgment entered October 17, 2023 and, in effect, the October 12, 2023 arbitration award, and, in the interest of justice and for purposes of economy, dismiss the action.
Accordingly, the order is reversed, defendant's motion to vacate the judgment entered October 17, 2023 and, in effect, to vacate the October 12, 2023 arbitrator's award is granted, and the action is dismissed.
TOUSSAINT, P.J., BUGGS and OTTLEY, JJ., concur.