| Oparaji v Holmes |
| 2006 NY Slip Op 50134(U) [10 Misc 3d 145(A)] |
| Decided on February 1, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County (Denis J. Butler, J.), entered March 31, 2005. The order denied plaintiff's motion to vacate an arbitrator's award.
Order unanimously affirmed without costs.
In the instant small claims action, plaintiff alleged that his automobile was damaged as a result of an accident on October 30, 2003 caused by defendant's negligence. The parties consented to arbitration in lieu of a trial before the court.
The arbitrator found in favor of defendant and dismissed the action. Thereafter, plaintiff moved pursuant to CPLR 7511 to vacate the arbitration award. Since plaintiff's moving papers are conclusory, they are insufficient to warrant vacatur of the arbitrator's award pursuant to CPLR 7511. In view of the foregoing, the lower court's denial of plaintiff's motion is affirmed.
Decision Date: February 01, 2006