Appeal from an order of the Civil Court of the City of New York, Kings County (Manuel J. Mendez, J.), entered December 16, 2004. The order denied defendant's motion to vacate a judgment entered pursuant to a small claims arbitrator's award and to restore the case to the trial calendar.

Order affirmed without costs.

In this small claims action for breach of contract, the court below properly denied defendant's motion to vacate the judgment entered pursuant to the arbitrator's award. The rules governing small claims arbitrations in the New York City Civil Court (Uniform
Civil Rules for the New York City Civil Court [22 NYCRR] § 208.41 [n] [2]) require the parties to consent that no appeal will lie from the arbitrator's award, and the parties here so stipulated. Therefore, to vacate the award, the aggrieved party must make a showing on CPLR 7511 (b) grounds that vacatur is warranted (see e.g. Heinz v Serban, 3 Misc 3d 134[A], 2004 NY Slip Op 50453[U] [App Term, 2d & 11th Jud Dists]). None of the grounds set forth in said section have been shown or even alleged in the present matter. Although, as defendant argues, the arbitrator may well have erred as a matter of substantive law in failing to enforce the lease termination agreement between the parties, such an error of law is not a ground upon which a small claims arbitrator's award may be overturned (see Postiglione v Paumere, 2003 NY Slip Op 51376[U] [App Term, 2d & 11th Jud Dists]). A losing party may not obtain a merits review through a CPLR 7511 (b) motion (see Gilat v Second Hand Dealer Gen., 9 Misc 3d 134[A], 2005 NY Slip Op 51668[U] [App Term, 1st Dept]; see also Santos v Ortiz, 3 Misc 3d 137[A], 2004 NY Slip Op 50513[U] [App Term, 2d & 11th Jud Dists]; Molloy v Froyton, 124 Misc 2d 865 [App Term, 9th & 10th Jud Dists 1984]). Accordingly, the order denying [*2]
defendant's motion to vacate the judgment entered pursuant to the small claims arbitrator's award is affirmed.

Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: February 16, 2007