Budakian v Nagel Roofing, Inc.

[*1] Budakian v Nagel Roofing, Inc. 2009 NY Slip Op 50826(U) [23 Misc 3d 136(A)] Decided on April 29, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570768/08.

Peter D. Budakian, Plaintiff-Respondent,

against

Nagel Roofing, Inc., Defendant-Appellant.

Defendant appeals from an order of the Small Claims Part of the Civil Court, New York County (Joan M. Kenney, J.), entered August 26, 2008, which denied its motion to vacate an arbitrator's award in favor of plaintiff.

Per Curiam.

Order (Joan M. Kenney, J.), entered August 26, 2008, affirmed, without costs.

Defendant's motion to vacate the small claims arbitration award was properly denied on this record. Defendant signed an arbitration consent form in which it agreed that the award was final and expressly waived its right to appeal (see 22 NYCRR 208.41[n][2]). Defendant has failed to show that the arbitrator's award was the result of bias or prejudice, and its factual arguments addressed to
the merits are not reviewable on appeal.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 29, 2009