Elysium Group Holdings LLC v Mac's Meat & Seafood Mkt. , LLC

Annotate this Case

Download PDF

Elysium Group Holdings LLC v Mac's Meat & Seafood Mkt., LLC 2023 NY Slip Op 31635(U) May 4, 2023 Supreme Court, Westchester County Docket Number: Index No. 57195/2023 Judge: David S. Zuckerman 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. FILED: WESTCHESTER COUNTY CLERK 05/04/2023 09:27 AM NYSCEF DOC. NO. 9 INDEX NO. 57195/2023 RECEIVED NYSCEF: 05/04/2023 DISPO Seq 1 Motion & Case To commence the 30 day statutory time period for appeals as of right (CPLR 5513[a]), you are advised to serve a copy of thi s order, with notice of entry, upon all parties SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WES TCHESTER -- - - ------ - --- - ---------- - -- -- ------ - ------ x ELYSIUM GROUP HOLDINGS LLC d/b/a EGH CAPITAL , DECISION/ORDER Petitioner , JUDGMENT For an Order , Pursuant to Article 75 of the CPLR , Confirmi ng the Parties ' Arbitration Award , Index No : 57195/2023 - against MAC ' S MEAT AND SEAFOOD MARKET , LLC , and DARRELL MCINTOSH , Respondents , --- -------------------------------- - -------x ZUCKERMAN, J. The papers numbered 1 through 7 in NYSCEF were cons i dered in connec t ion with this Petition for an Order , pursuant to CPLR 7510 , confirming an arbitration award , granting judgment to Petitioner , and directing the Westchester County Cl erk to enter final judgment against Respondents . Respondent s have defaulted in answering , moving , or appearing. As set forth in the Petition , on Mar.ch 10 , 2022 , Mediation Civil Arbitra t ion , Inc . issued an arbitration award in & the principal amount of $31 , 552 . 50 in favor of Petitioner and against [* 1] 1 of 4 INDEX NO. 57195/2023 FILED: WESTCHESTER COUNTY CLERK 05/04/2023 09:27 AM NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/04/2023 Respondents jointly and severally ("t he award " ) . Petitioner avers that the award "has not been vacated or modified pursuant to CPLR §7511" (Petition, p. 4). Petitioner now moves for an Order confirming the award . DISCUSSION · Pursuant to CPLR §7510, "[t] he 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. " In interpreting CPLR §7 510 , the word 's hall ' must be given "its o rdinar y meaning " and the court is "directed unequivocally by CPLR 7510 to confirm an arbitration award if a timely application is made whenever the award is not vacated or modified under CPLR 7511 " (Bernstein Family Ltd . P' ship v . Sovereign Partners, L . P ., 66 AD3d 1, 5 [1st Dept 2009)) As long as the respondent is not seeking to vacate or modify the award , "th~ court is not exercising the quintessentially judicial power to resolve disputes . it is exercising a ministerial function Legislature" (Id . at 7. 2 [* 2] 2 of 4 at the behest Rather , of the INDEX NO. 57195/2023 FILED: WESTCHESTER COUNTY CLERK 05/04/2023 09:27 AM NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/04/2023 "It is well settled that a court may vacate an arbitration award only if it vio lates a strong public policy , is irrational , or clearly exceeds a specifically arbitrator 's power " Co . ) , 15 NY3d 530 , here. enumerated limitation on the ( In re Falzone (New York Cent . Mut . Fire Ins . 534 [2010]) . None of th o se factors are present Therefore , the unopposed motion mu~t be granted . Based upon the foregoing , it is hereby ORDERED, that the Petition to confirm the arbitration a ward , grant judgment to Petitioner , and direct the Westchester County Clerk to en t er final judgment against Respondents is granted ; and it is further ORDERED, that the arbitration award , dated March 10 , 2022 , issued by Med i ation & Civil Arbitration , Inc ., granting judgment to Petitioner Elysium Group Holdings LLC d/b/a EGH Capital in the p ri ncipal amount of $31 , 552 . 50 is confirmed ; and it is further ORDERED, that the Clerk is directed to enter judgment in favor of Petitioner Elysium Group Holdings LLC d/b/a EGH Capital and against Respondents Mac ' s Meat and Seafood Market , LLC , and Darrell Mc In tos h , in the amount of $31 , 552 . 50 , 3 [* 3] 3 of 4 together with interest FILED: WESTCHESTER COUNTY CLERK 05/04/2023 09:27 AM NYSCEF DOC. NO. 9 INDEX NO. 57195/2023 RECEIVED NYSCEF: 05/04/2023 thereon , and together with costs and disbursements to be taxed by the Clerk upon submission of an appropriate bill of costs . The foregoing constitutes the Opinion , Decision & Order of the Co u rt . Dated : White Plains , New York May 4 , 2023 TO : All parties via NYSCEF 4 [* 4] 4 of 4

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.