| PPX Intl. Inc. v Harrington Henry LLP |
| 2009 NY Slip Op 50852(U) [23 Misc 3d 137(A)] |
| Decided on May 5, 2009 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Respondent Harrington Henry LLP appeals from an order of the Civil Court of the City of
New York, New York County (Jeffrey K. Oing, J.), dated October 27, 2008, which granted the
petition to confirm an arbitration award and awarded petitioner the principal sum of $9,500.
Per Curiam.
Order (Jeffrey K. Oing, J.), dated October 27, 2008, affirmed, with $10 costs.
Given appellant's acknowledged failure to seek de novo review of the merits of the fee
dispute following arbitration, the arbitration award became "final and binding" (22 NYCRR
137.8[a]), and the propriety of the arbitrator's merits determination is beyond our review power.
Nor did appellant demonstrate that the award resulted from acts in excess of the arbitrator's
power or any other ground to vacate the award under CPLR 7511(b)(1). THIS CONSTITUTES
THE DECISION AND ORDER OF THE COURT.
Decision Date: May 05, 2009