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Corp. v Taconic Inv. Partners, LLC
2012 NY Slip Op 51967(U) [37 Misc 3d 130(A)]
Decided on October 16, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 16, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2011-2557 Q C.

Professional Metal Works Corp., Appellant, —

against

Taconic Investment Partners, LLC, Respondent, -and- GRENADIER REALTY CORP., Defendant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Harriet L. Thompson, J.), entered February 16, 2011. The order denied plaintiff's motion to vacate or modify a judgment entered pursuant to an arbitrator's award.


ORDERED that the order is affirmed, without costs.

In this commercial claims action, an award was made in favor of Taconic Investment Partners, LLC following an arbitration hearing. Plaintiff appeals from an order of the Civil Court denying its motion to vacate or modify the judgment entered pursuant to the arbitrator's award.

A party that consents to the arbitration of a commercial claims action may move to vacate or modify the arbitrator's award only upon the grounds set forth in CPLR 7511 (b) and (c) (see Matter of Retina Assoc. of L.I., P.C. v Rosberger, 45 AD3d 690 [2007]; Rockland County Dept. of Social Servs. v Rockland County Unit, Local 844, Civil Serv. Empls. Assn., 140 AD2d 441 [1988]). In the case at bar, plaintiff did not establish any of these grounds. Consequently, the Civil Court properly denied plaintiff's motion to vacate or modify the arbitrator's award.

Accordingly, the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 16, 2012