Ruse v Agnone

[*1] Ruse v Agnone 2014 NY Slip Op 50983(U) Decided on June 13, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 13, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., SOLOMON and ELLIOT, JJ.
2013-1175 Q C

Serban P. Ruse, Appellant,

against

Dominick Agnone and ELLEN DRISCOLL, Respondents.

Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered April 25, 2013. The order denied plaintiff's motion to vacate arbitratration awards and, in effect, the judgments entered March 19, 2013, pursuant thereto.

ORDERED that the order is affirmed, without costs.

Plaintiff commenced this small claims action against defendants, his former tenants, to recover the principal sum of $5,000 for "nonpayment of rent, legal fees, and marshal fees." Defendant Dominick Agnone interposed a counterclaim to recover the principal sum of $1,800 for, among other things, damage to personal property. The parties agreed to submit the matter to arbitration and signed a "consent to arbitration" form, which advised them that the arbitration award was final and that no appeal would be permitted. After the arbitration hearing, the arbitrator awarded plaintiff the principal sum of $1,037.50 and awarded defendant Dominick Agnone the principal sum of $905 on the counterclaim. On March 19, 2013, judgments were entered pursuant to the arbitrator's awards. Plaintiff subsequently moved to vacate the arbitrator's awards and, in effect, the judgments entered pursuant thereto. Plaintiff appeals from the order of the Civil Court denying his motion.

A party seeking to vacate a small claims arbitration award, and a judgment entered pursuant thereto, bears the burden of establishing, by clear and convincing evidence, one of the statutory grounds enumerated in CPLR 7511 (b) (see e.g. Matter of Arab v ATC Jewelers, Inc., 45 AD3d 588 [2007]; Benham v George, 28 Misc 3d 128[A], 2010 NY Slip Op 51190[U] [App Term, 2d, 11th & 13th Jud Dists 2010]). While plaintiff's motion papers invoked some of the statutory grounds for vacatur, he failed to substantiate his claim with specific factual allegations. Plaintiff's conclusory assertions were insufficient to warrant vacatur of the arbitration awards and the judgments entered pursuant thereto.

Accordingly, the order is affirmed.

Pesce, P.J., Solomon and Elliot, JJ., concur.

Decision Date: June 13, 2014