Opinion
Index No. 655844/2021 Motion Seq. No. 001
06-09-2022
COUNTRY-WIDE INSURANCE COMPANY Plaintiff, v. SMS THERAPY SUPPLY INC., Defendant.
Unpublished Opinion
MOTION DATE 10/06/2021.
PRESENT: HON. FRANK NERVO, Justice.
DECISION, ORDER, AND JUDGMENT ON MOTION
HON. FRANK NERVO, Justice.
The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 9, 10 were read on this motion to/for VACATE - DECISION/ORDER/JUDGMENT/AWARD .
Petitioner seeks to vacate the award of a master arbitrator upholding the arbitrator's award of $988.00, after finding petitioner's submissions untimely. Petitioner contends that vacatur of the master arbitrator's award is warranted because the master arbitrator impermissibly upheld the arbitrator's refusal to accept petitioner's late filings. The application is unopposed.
To the extent that petitioner alleges the master arbitrator's award is marred by mistakes of law, it is well settled that "Courts are reluctant to disturb the decisions of arbitrators lest the value of this method of resolving controversies be undermined" (Goldfinger v. Lisker, 68 N.Y.2d 225 [1986]; see also Geneseo Police Benevolent Assn. v. Village of Geneseo, 91 A.D.2d 858 [4th Dept 1982] aff'd 59 N.Y.2d 726 [1983]). Consequently, while a master arbitrator enjoys the authority to correct a mistake in law or fact by a lower arbitrator (Matter of Allstate Ins. Co. v. Wilen, 111 A.D.3d at 824), the Court does not enjoy similar authority to correct errors of law or fact by the master arbitrator (Wien & Malkin LLP v. Helmsley-Spear, Inc., 6 N.Y.3d 471 [2006]; Transport Workers' Union of Am., Local 100, AFL-CIO, 6 N.Y.3d 332 [2005]). Accordingly, the Court declines to review the master arbitrator's award for mistake in law or fact. Alternatively, assuming arguendo the Court were to reach the mistake of law and facts issue raised by petitioner, it is beyond cavil that "A master arbitrator is empowered to apply the law to a given set of facts even if his or her conclusion differs from that of the arbitrator," and that the master arbitrator here acted within such authority (Matter of Allstate Ins. Co. v. Wilen, 111 A.D.3d 824 [2d Dept 2013] quoting Matter of Empire Ins. Co. v. Lam, 273 A.D.2d 469 [2d Dept 2000]). To the extent that petitioner alleges the master arbitrator's award was impacted by mistakes of facts, the master arbitrator's review of the sufficiency of evidence was properly limited to rational basis inquiry. Likewise, the arbitrator's rejection of untimely papers was proper, as a matter of law, and petitioner fails to cite any authority to the contrary (Matter of Mercury Casualty Co. v. Helathmakers Medical Group, P.C., 67 A.D.3d 1017 [2d Dept 2009]; 11 NYCRR § 65-4.2).
Where a motion to vacate an arbitration award is denied, the Court must confirm the award (CPLR § 7511[e]; see also Matter of Board of Educ. Of Ardsley Union Free School Dist., Town of Greenburgh v. Ardsley Congress of Teachers, 78 A.D.2d 879 [2d Dept 1975]).
Accordingly, it is
ORDERED that the petition to vacate the master arbitrator's award dated July 12, 2021 is denied; and it is further
ORDERED that the master arbitrator's award of July 12, 2021, upholding the award in favor of respondent, is confirmed; and it is further
ORDERED that any requested relief not addressed herein has nevertheless been considered and is hereby denied; and it is further
ORDERED and ADJUDGED that respondent SMS THERAPY SUPPLY INC does recover from petitioner COUNTRY-WIDE
INSURANCE COMPANY the amount of $988.00, plus interest at the rate of 9% per annum from the date of July 12, 2021, as computed by the Clerk in the amount of $, together with costs and disbursements in the amount of $as taxed by the Clerk, for the total amount of $, and that the respondent has execution therefor. This constitutes the Decision, Order, and Judgment of the Court.