Scott, Matter of, v Jacobs

[*1] Scott, Matter of, v Jacobs 2009 NY Slip Op 52391(U) [25 Misc 3d 140(A)] Decided on November 25, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 25, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Hunter, JJ
570566/09. In the Matter of the Arbitration

Between David Scott, Esq., Petitioner-Respondent,

against

Gary S. Jacobs, Respondent-Appellant.

Respondent Gary S. Jacobs appeals from a judgment of the Civil Court of the City of New York, New York County (Jose A. Padilla, Jr., J.), entered on or about June 22, 2009, which granted a petition to confirm an arbitration award and awarded petitioner the principal sum of $24,815.32.

Per Curiam.

Judgment (Jose A. Padilla, Jr., J.), entered on or about June 22, 2009, reversed, with $30 costs, and judgment entered in favor of respondent Jacobs dismissing the petition.

Since respondent Jacobs timely sought de novo review of the merits of the fee dispute following arbitration, the arbitration award in favor of petitioner did not become "final and binding" (22 NYCRR 137.8[a]). Contrary to the view expressed below, the Supreme Court action brought by respondent against petitioner, seeking a partial refund of fees previously paid to petitioner and a declaration that no further monies were owed, constituted an "action on the merits of the fee dispute" (id.).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur
Decision Date: November 25, 2009