PPX Intl. Inc. v Harrington Henry LLP

[*1] PPX Intl. Inc. v Harrington Henry LLP 2009 NY Slip Op 50852(U) [23 Misc 3d 137(A)] Decided on May 5, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 5, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570143/09.

PPX International Inc., Petitioner-Respondent,

against

Harrington Henry LLP, Respondent-Appellant.

Respondent Harrington Henry LLP appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), dated October 27, 2008, which granted the petition to confirm an arbitration award and awarded petitioner the principal sum of $9,500.

Per Curiam.

Order (Jeffrey K. Oing, J.), dated October 27, 2008, affirmed, with $10 costs.

Given appellant's acknowledged failure to seek de novo review of the merits of the fee dispute following arbitration, the arbitration award became "final and binding" (22 NYCRR 137.8[a]), and the propriety of the arbitrator's merits determination is beyond our review power. Nor did appellant demonstrate that the award resulted from acts in excess of the arbitrator's power or any other ground to vacate the award under CPLR 7511(b)(1). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 05, 2009