Lehman Bros., Inc. v Cox

Lehman Bros., Inc. v Cox 2008 NY Slip Op 01261 [10 NY3d 743] February 14, 2008 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 2, 2008

[*1] Lehman Brothers, Inc., Respondent,
v
Rodney T. Cox, Appellant.

Decided February 14, 2008

Lehman Bros., Inc. v Cox, 43 AD3d 352, reversed.

APPEARANCES OF COUNSEL

Law Offices of Isaac M. Zucker, PLLC, Garden City (Barry M. Bordetsky of counsel), for appellant.

Alonso, Andalkar & Kahn, P.C., New York City (Erin E. Mac Avoy of counsel), for respondent.

{**10 NY3d at 744} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, petition denied in its entirety and respondent's cross motion, insofar as it sought to confirm the arbitrator's award to him of $48,000, granted. Petitioner Lehman Brothers failed to meet its heavy burden to vacate the arbitration award on respondent Cox's counterclaim.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.