| Matter of Barger v Malkin |
| 2025 NY Slip Op 05291 [242 AD3d 404] |
| October 2, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Danielle P. Barger, Trustee of the
Edelman Family Decedent's Trust, Respondent, v Peter L. Malkin et al., Appellants. |
Dewey Pegno & Kramarsky, LLP, New York (Thomas E.L. Dewey of counsel), for appellants.
The Baez Legal Group, New York (Jose Anibal Baez of counsel), for respondent.
Arbitration
- Judicial Review
- No Manifest Disregard of Law
Order, Supreme Court, New York County New York County (Melissa A. Crane, J.), entered July 25, 2024, which granted petitioner's petition to confirm an arbitration award dated August 26, 2020, unanimously affirmed, with costs.
The arbitration award is confirmed for the reasons set forth in our decision in Matter of Shasha v Malkin (236 AD3d 502 [1st Dept 2025]). That case concluded that respondents "failed to establish that the arbitration panel acted in manifest disregard of the law" (id. at 502-504 [internal quotation marks and citation omitted]), and that "the arbitration panel properly rejected [the] contention that the Edelman Family Decedent's Trust, the trust of which . . . Danielle P. Barger was a trustee, was liable for defamatory statements allegedly made by Richard Edelman" (id. at 504). Concur—Manzanet-Daniels, J.P., Friedman, Pitt-Burke, Rosado, Chan, JJ.