Matter of Natixis N. Am., LLC v Payner

Matter of Natixis N. Am., LLC v Payner 2012 NY Slip Op 08651 Decided on December 13, 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 December 13, 2012
Tom, J.P., Sweeny, Moskowitz, Renwick, Clark, JJ. 8797-
8798 652378/11

[*1]In re Natixis North America, LLC, Petitioner-Appellant,

v

Brook Payner, Respondent-Respondent.




Proskauer Rose LLP, New York (Mark D. Harris of counsel),
for appellant.
Morrison Cohen LLP, New York (Donald H. Chase of counsel),
for respondent.

Order and judgment (one paper), Supreme Court, New York County (Charles E. Ramos, J.), entered February 2, 2012, which denied the petition to vacate an arbitration award, granted respondent's cross motion to confirm the award, and awarded respondent judgment on the award in the total amount of $3,290,627.73, unanimously affirmed, with costs.

The arbitral award was properly confirmed in the absence of a showing that the arbitrators manifestly disregarded the law (see Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, 480-481 [2006], cert dismissed 548 US 940 [2006]; Cantor Fitzgerald Sec. v Refco Sec., LLC, 83 AD3d 592, 593 [1st Dept 2011]). There is no basis to conclude that the arbitrators ignored law which is "well defined, explicit, and clearly applicable to the case," as required to vacate an arbitral award under the "manifest disregard" standard (Wien, 6 NY3d at 481).

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

ENTERED: DECEMBER 13, 2012

CLERK