Opinion
1:19-06312-FB
06-22-2022
AKF, INC., d/b/a FUNDKITE, Plaintiff, v. KESSMAN GROUP PAINTING & DESIGN, INC., MARGARET LAURIE KESSMAN, AND MATTHEW THOMAS KESSMAN, Defendants.
For the Plaintiff: CHRISTOPHER RYAN MURRAY Stein Adler Dabah & Zelkowitz, LLP OLEG A. MESTECHKIN WING K. CHIU NANCY LAM Mestechkin Law Group, P.C. For the Defendant: HILLEL IRA PARNESS Parness Law Firm, PLLC STEVEN ZAKHARYAYEV Law Offices of Steven Zakharyayev.
For the Plaintiff: CHRISTOPHER RYAN MURRAY Stein Adler Dabah & Zelkowitz, LLP OLEG A. MESTECHKIN WING K. CHIU NANCY LAM Mestechkin Law Group, P.C.
For the Defendant: HILLEL IRA PARNESS Parness Law Firm, PLLC STEVEN ZAKHARYAYEV Law Offices of Steven Zakharyayev.
MEMORANDUM AND ORDER
FREDERIC BLOCK Senior United States District Judge.
Plaintiff AKF, Inc., d/b/a Fundkite moves for an order confirming the October 28, 2021 arbitration award of Martin S. Tackel, and for the entry of judgment against defendants Kessman Group Painting & Designs, Inc., Margaret Laurie Kessman, and Matthew Kessman. The defendants have not filed any opposition to the motion.
“[T]he confirmation of an arbitration award is a summary proceeding that merely makes what is already a final arbitration award a judgment of the court.” Florasynth, Inc. v. Pickholz, 750 F.2d 171, 176 (2d Cir.1984). Unless there is a statutory basis for modification or vacatur, this Court's role is simply to confirm the award. Ottley v. Schwartzberg, 819 F.2d 373, 376 (2d Cir. 1987); see 9 U.S.C. § 9. Only a “barely colorable justification” for the outcome is necessary to confirm an award, and that justification need not be explicitly noted on the record-it can instead be inferred. Smiga v. Dean Witter Reynolds, Inc., 766 F.2d 698, 707 (2d Cir. 1985). Where, as here, a party has failed to answer a motion, the Court may look to the movant's submissions in supporting confirmation. Trustees of Northeast Carpenters Health, Pension, Annuity, Apprenticeship, & Lab. Mgmt. Cooperation Funds v. Duncan Partners, LLC, No. 19CV4376JMAAYS, 2021 WL 123359, at *2 (E.D.N.Y. Jan. 13, 2021).
Based on its review of the plaintiff's declaration and the documentary evidence attached to its motion, this Court finds that the plaintiff has established the award as follows: (1) $189,804.70, plus per annum interest of 9% accruing since Nov. 4, 2019; (2) $56,941 in attorneys' fees; and $14,150 in fees and costs of the arbitrator. Each of these obligations shall be joint and several. Judgment shall be entered against the defendants.
SO ORDERED.