Opinion
15783-15783A Index No. 652795/19 Case Nos. 2022-00291, 2022-00292
04-21-2022
In the Matter of Azhar SAEED, Petitioner–Appellant, v. Tariq SHAIKH et al., Respondents–Respondents.
Law Offices of Bernard D'Orazio & Associates, P.C., New York (Steven G. Yudin of counsel), for appellant. Jonathan Silver, Kew Gardens, for respondents.
Law Offices of Bernard D'Orazio & Associates, P.C., New York (Steven G. Yudin of counsel), for appellant.
Jonathan Silver, Kew Gardens, for respondents.
Manzanet–Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.
Judgment, Supreme Court, New York County (Arthur Engoron, J.), entered November 23, 2021, against respondents and in petitioner's favor in the amount of $334,603.10 plus interest from January 18, 2019, unanimously modified, on the law, to award judgment to petitioner in the amount of $424,283.90, and otherwise affirmed, with costs against respondents. Appeal from order, same court and Justice, entered November 16, 2021, unanimously dismissed, without costs, as superseded by the appeal from the judgment.
Petitioner was entitled to entry of a judgment consistent with Supreme Court's order dated August 27, 2019, which confirmed the arbitration award "in its entirety," including all components of damages awarded by the arbitrator (see Awards.com, LLC v. Kinko's, Inc., 143 A.D.3d 521, 522, 38 N.Y.S.3d 889 [1st Dept. 2016]; Wiener v. Spahn, 126 A.D.3d 508, 508, 3 N.Y.S.3d 571 [1st Dept. 2015] ). Supreme Court had the discretion to retain continuing jurisdiction to reconsider its prior order and rectify its omission of prejudgment interest on the arbitration award, as well as the omission of certain components of the award for the value of the "stock on hand" and reimbursement of arbitration costs (see Liss v. Trans Auto Sys.,Inc., 68 N.Y.2d 15, 20, 505 N.Y.S.2d 831, 496 N.E.2d 851 [1986] ; Garcia v. The Jesuits of Fordham, Inc., 6 A.D.3d 163, 165, 774 N.Y.S.2d 503 [1st Dept. 2004] ).