Gilat v Second Hand Dealer Gen.
Decided on October 20, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
HON. WILLIAM P. McCOOE, J.P.,
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
Tzipora Gilat, NY County Clerk's No. 570433/05 Plaintiff-Respondent, Calendar No. 05-263
Second Hand Dealer General, Defendant-Appellant.
Defendant appeals from an order of the Small Claims Part of the Civil Court, New York County, entered November 22, 2004 (Saliann Scarpulla, J.), which denied its motion to vacate an arbitrator's award.
Order dated November 22, 2004 (Saliann Scarpulla, J.) affirmed, without costs.
Defendant's motion to vacate the small claims arbitrator's award was properly denied. Defendant's representative signed an arbitration consent form in which he agreed that the award was final and expressly waived defendant's right to appeal (22 NYCRR § 208.41[n]). Moreover, the losing party in an arbitration may not obtain a merits review of the award by means of a motion to vacate the judgment (see Molloy v. Froyton, 124 Misc 2d 865 ; Jarvis v. Regdos, 147 Misc 2d 1088 ). Even if defendant's claims had been properly raised, we would find that there was no error warranting reversal.
This constitutes the decision and order of the court.
Decision Date: October 20, 2005