Fifth Quadrant Analytics, LLC v Donovan

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Fifth Quadrant Analytics, LLC v Donovan 2020 NY Slip Op 31843(U) June 8, 2020 Supreme Court, New York County Docket Number: 654893/2018 Judge: Debra A. James Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] INDEX NO. 654893/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/11/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. DEBRA A. JAMES PART IAS MOTION 59EFM Justice ---------------------------------------------------------------------------------X FIFTH QUADRANT ANALYTICS, LLC and BRIAN DAWSON, INDEX NO. 654893/2018 MOTION DATE MOTION SEQ. NO. _ _0_0_1_0_0_2__ Petitioners, -vDECISION + ORDER ON MOTION RICHARD DONOVAN, Respondent. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 3, 7, 8, 26, 27, 28, 29, 30, 31 were read on this motion to/for CONFIRM/DISAPPROVE AWARD/REPORT The following e-filed documents, listed by NYSCEF document number (Motion 002) 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 were read on this motion to/for DISM ISSAL ORDER Upon the foregoing documents, it is ORDERED that respondent's motion to dismiss is DENIED; and it is further ORDERED and ADJUDGED that the petition is granted and the award is confirmed; and it is further ADJUDGED and DECLARED that Petitioner Brian Dawson owns 49% of the equity ownership of WingSail and Fifth Quadrant Analytics , LLC; and it is further ORDERED that Richard Donovan is ordered to notify Barclays within 15 days of the issuance of this Award that the Barclays 654893/2018 FIFTH QUADRANT ANALYTICS, LLC vs. DONOVAN, RICHARD Motion No. 001 002 1 of 4 Page 1of4 [* 2] INDEX NO. 654893/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/11/2020 Agreements are to be amended to include Fifth Quadrant Analytics, LLC as a party; and it is further ORDERED that any communications under the Barclays Agreements to or from Richard Donovan or Donovan Group are to be sent simultaneously to Fifth Quadrant Analytics, LLC, and any payments made by Barclays under the Barclays Agreements are to divided equally between Donovan Group and Fifth Quadrant Analytics, LLC; and it is further ORDERED and ADJUDGED that petitioner Fifth Quadrant Analytics, LLC, does recover from respondent Richard Donovan, the amount of$ 79,355.7 0, plus interest at the rate of 6 % per annum from the date of July 26, amount of $ ------ ADJUDGED that 2017 , as computed by the Clerk in the ; and it is further petitioners amount of $ 59 , 250.06 , do recover from respondent the plus interest at the statutory rate from the date of the entry of judgment as computed by the Clerk in the amount of representing $ such part of the administrative fees and expenses of arbitration in excess of the apportioned fees and expenses previously incurred and paid by petitioners, together with costs and disbursements in the amount of $ $ as taxed by the Clerk, for the total amount of , and that the petitioners have execution therefor. 654893/2018 FIFTH QUADRANT ANALYTICS, LLC vs . DONOVAN, RICHARD Motion No. 001 002 2 of 4 Page 2 of 4 [* 3] INDEX NO. 654893/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/11/2020 DECISION Petitioners move to confirm an arbitration award dated July 26, 2017. Respondent prose moves to dismiss the petition. CPLR 7510 provides that the "court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified upon a ground specified in section 7511." The grounds for setting aside "an arbitrator's award as set forth in CPLR 751l(b) are few in number and are narrowly applied. Only if a party's rights were prejudiced by corruption, fraud or misconduct (CPLR 75ll[b] [1] [i]), bias (subpara. [iii]) or procedural defects vacated. [ii]), excess of power (subpara (subpara [iv]) should an award be For the same reason, the invocation of public policy concerns to justify a court's usurping the role of an arbitrator and determining a dispute on the merits is also limited." Azrielant v Azrielant, 301 AD2d 269, 275 - 76 (1st Dept., 2002) (citation and internal quotation omitted). 654893/2018 FIFTH QUADRANT ANALYTICS, LLC vs. DONOVAN, RICHARD Motion No. 001 002 3 of 4 Page 3 of 4 [* 4] INDEX NO. 654893/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/11/2020 While attempting to revive arguments made before the arbitrator, respondent, in opposition to confirmation, fails to raise any of the CPLR 75ll(b) grounds. The court shall therefore grant the motion to confirm the award. 6/8/2020 ' DATE CHECK ONE: CASE DISPOSED GRANTED D DEBRA. JAMES, J.S.C. NON-FINAL DISPOSITION DENIED GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 654893/2018 FIFTH QUADRANT ANALYTICS, LLCvs. DONOVAN, RICHARD Motion No. 001 002 4 of 4 D OTHER D REFERENCE Page4 of4

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