Matter of Commerz Mkts. LLC v Miller

Matter of Matter of Commerz Mkts. LLC v Miller 2012 NY Slip Op 01627 Decided on March 6, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 6, 2012
Tom, J.P., Friedman, Acosta, DeGrasse, Román, JJ.
103738/11 -140

[*1]6957N & In re Commerz Markets LLC, formerly known as Dresdner Kleinwort Securities LLC, Petitioner-Appellant,

v

Christian P. Miller, et al., Respondents-Respondents.




Epstein Becker & Green, P.C., New York (Kenneth J. Kelly of
counsel), for appellant.
James M. Griffin, Cold Spring Harbor, for respondents.

Order and judgment(one paper), Supreme Court, New York County (Jane S. Solomon, J.), entered October 12, 2011, which, upon confirming an arbitration award of the Financial Industry Regulatory Authority in favor of respondents, awarded judgment to them in the total amount of $3,882,470, plus interest, unanimously affirmed, without costs.

Petitioner has not established that the arbitration award was marked by a manifest disregard of the law, as there has been no showing that the arbitrators ignored or refused to apply an applicable legal principle (see Wien & Malkin LLP v Helmsley—Spear, Inc., 6 NY3d 471, 479—481 [2006], cert dismissed 548 US 940 [2006]). The arbitrators were presented with evidence that petitioner's predecessor, Dresdner Kleinwort Securities LLC, was respondents' employer and was liable to them for unpaid bonus compensation.
M-140 - Commerz Markets, LLC, etc. v

Christian P. Miller, et al. Motion to enlarge the record granted.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 6, 2012 [*2]

CLERK