Matter of Natixis N. Am., LLC v Payner
2012 NY Slip Op 08651 [101 AD3d 509]
December 13, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


In the Matter of Natixis North America, LLC, Appellant,
v
Brook Payner, Respondent.

[*1]

Proskauer Rose LLP, New York (Mark D. Harris of counsel), for appellant.

Morrison Cohen LLP, New York (Donald H. Chase of counsel), for respondent.

Order and judgment (one paper), Supreme Court, New York County (Charles E. Ramos, J.), entered February 2, 2012, which denied the petition to vacate an arbitration award, granted respondent's cross motion to confirm the award, and awarded respondent judgment on the award in the total amount of $3,290,627.73, unanimously affirmed, with costs.

The arbitral award was properly confirmed in the absence of a showing that the arbitrators manifestly disregarded the law (see Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, 480-481 [2006], cert dismissed 548 US 940 [2006]; Cantor Fitzgerald Sec. v Refco Sec., LLC, 83 AD3d 592, 593 [1st Dept 2011]). There is no basis to conclude that the arbitrators ignored law which is "well defined, explicit, and clearly applicable to the case," as required to vacate an arbitral award under the "manifest disregard" standard (Wien, 6 NY3d at 481). Concur—Tom, J.P., Sweeny, Moskowitz, Renwick and Clark, JJ.