Following an arbitration award in favor of the plaintiff in the amount of $630.00, the defendant moves by order to show cause to vacate the judgment. The Court did not accept the application for the reasons stated herein:

On February 7, 2014, the parties appeared in this court to be heard on the matter. At that time, they were given the option of having the matter heard before the Court or submitting the matter to arbitration. The parties in this small claims proceeding mutually agreed to submit the matter to arbitration, and in accordance with Rule 210.41(m)(2) of the Uniform Rules for City Courts, signed a consent form indicating that the arbitrator's decision was not appealable.

On this motion, defendant asks the court to vacate the arbitrator's decision. Bonnie C Tamler, appearing on behalf of the defendant, argues that plaintiff filed the small claims complaint in the wrong county. She affirms that Casa Redimix's business is located at 886 Edgewater Road, Bronx, NY not the address where the complaint was served. She argues that "Casa Building Materials of Elmsford, LLC" is the business located at 175 Saw Mill River Road, Elmsford, NY. Ms. Tamler maintains the two companies are separate entities, have different [*2]owners, have different addresses, and different business operations. She states that plaintiff purchased materials from Casa Redimix in the Bronx. In support of her argument she has attached tax forms for the two businesses; they both have different addresses and different tax id numbers (Exhibit A and B); a Con Edison bill for "Casa Building Materials of Elmsford" dated January 6, 2014, demonstrating the Elmsford address (Exhibit C), a NYC Water Board bill dated February 12, 2014 for "Casa Ready Mix Concrete" with the Bronx address (Exhibit D), 2 invoices to "Dorsett Construction" in Mt. Vernon on "Casa Redimix Concrete Corp." letterhead with the Bronx address (Exhibit E and F).

Accordingly, plaintiff seeks to vacate the judgment.

Uniform City Court Act § 1801 provides that a small claims action "shall mean and include any cause of action . . . in which the amount in dispute does not exceed $5,000, provided that the defendant either resides, or has an office for the transaction of business or a regular employment, within the county" (emphasis added).

It is unclear to the Court whether the defendant raised the jurisdictional and venue claims with the arbitrator. A lack of jurisdiction or improper venue claim must be raised in an answer or motion to dismiss before the parties are heard on the merits. Ms. Tamler signed the arbitration agreement on behalf of the defendant corporation. By failing to raise an improper service or improper venue defense with the Court and with the arbitrator prior to signing the arbitration agreement, defendant submitted to the jurisdiction and venue of the Court.

CPLR § 7501 provides that " a written agreement to submit any controversy . . . to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award." The court finds that the defendant has raised no grounds upon which the award may be vacated pursuant to CPLR 7511. The arbitrator's award to the plaintiff is confirmed.

This constitutes the Decision and Order of this Court.

Dated:March 17, 2014

Mount Vernon, New York

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HON. ADAM SEIDEN

Associate City Judge of Mount Vernon