| Tzu-Chien Ju v Lebow |
| 2012 NY Slip Op 52087(U) [37 Misc 3d 134(A)] |
| Decided on November 9, 2012 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the
City of New York, New York County (Nancy M. Bannon, J.), dated February 28, 2012,
which granted defendant's motion to dismiss the action.
Per Curiam.
Order (Nancy M. Bannon, J.), dated February 28, 2012, reversed, without costs, motion denied, action reinstated and matter remanded for further proceedings.
The record conclusively establishes that this small claims action seeking, in effect, de novo review of a fee dispute arbitration award, was commenced on September 9, 2011, which was within 30 days of the August 11, 2011 mailing of the arbitration award. Therefore, the arbitration award in favor of defendant did not become "final and binding" (22 NYCRR 137.8[a]). We note that a small claims action is commenced upon plaintiff's payment of the filing fee, not when the notice is served (see CCA 1803[a]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 09, 2012