Troni v American Collision Inc.

[*1] Troni v American Collision Inc. 2010 NY Slip Op 50392(U) [26 Misc 3d 143(A)] Decided on March 11, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 11, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570826/09.

Lorenzo Troni, Plaintiff-Appellant,

against

American Collision Inc., Defendant-Respondent.

Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), dated October 26, 2009, which denied his motion to vacate an arbitrator's award in favor of defendant.

Per Curiam.

Order (Peter H. Moulton, J.), dated October 26, 2009, affirmed, without costs.

Plaintiff's motion to vacate the small claims arbitration award was properly denied on this record, which shows that plaintiff signed an arbitration consent form in which he agreed that the award was final and expressly waived his right to appeal (22 NYCRR 208.41[n][2]). Therefore, to the extent plaintiff sought review of the merits of the arbitrator's award, his vacatur motion was properly denied. Moreover, plaintiff failed to demonstrate that the award was the result of bias or prejudice on the part of the arbitrator.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur

Decision Date: March 11, 2010