Oparaji v Boulevard Auto Wrecking, Inc.

[*1] Oparaji v Boulevard Auto Wrecking, Inc. 2008 NY Slip Op 51565(U) [20 Misc 3d 138(A)] Decided on July 10, 2008 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 10, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2007-1242 Q C.

Maurice Oparaji, Appellant,

against

Boulevard Auto Wrecking, Inc., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Lee A. Mayersohn, J.), entered July 9, 2007. The order denied plaintiff's motion to vacate the arbitration award in favor of defendant dismissing the action.

Order affirmed without costs.

Plaintiff commenced the instant small claims action to recover the sum of $2,600 for "defective repairs and damage caused to automobile." The parties submitted the matter to arbitration, and, after the arbitration hearing, the arbitrator found in favor of defendant and dismissed the action. Thereafter, plaintiff moved to vacate the arbitration award and to restore the action to the trial calendar. The court below denied said motion, and the instant appeal by plaintiff ensued.

The decision as to whether to grant an adjournment lies within the sound discretion of the arbitrator and will only be disturbed if that discretion is abused (see Matter of Chawki v New York City Dept. of Educ., Manhattan High Schools, Dist. 71, 39 AD3d 321 [2007]; Matter of M.T.M. Beverages Corp. v Pepsi Cola Bottling Co. of N.Y., 262 AD2d 414 [1999]). Contrary to plaintiff's contention, the arbitrator's denial of his request for a further adjournment did not constitute either an abuse of discretion or misconduct sufficient to warrant vacatur of the award (see Matter of M.T.M. Beverages Corp. v Pepsi Cola Bottling Co. of N.Y., 262 AD2d 414 [1999], supra). Accordingly, the court below properly denied plaintiff's motion to vacate the arbitration award. [*2]

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: July 10, 2008