Strujan v Amazon Pharmacy, Inc.

[*1] Strujan v Amazon Pharmacy, Inc. 2014 NY Slip Op 51408(U) Decided on September 22, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 22, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570580/14

Elena Strujan, Plaintiff-Appellant, -

against

Amazon Pharmacy, 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 (Jose A. Padilla, J.), entered March 13, 2014, which denied her motion to vacate an arbitrator's award in favor of defendant.

Per Curiam.

Order (Jose A. Padilla, J.), entered March 13, 2014, 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 she agreed that the award was final and expressly waived her right to appeal (22 NYCRR 208.41[n][2]). Therefore, to the extent plaintiff sought review of the merits of the arbitrator's award, her 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: September 22, 2014