Matter of Arbitra. Betw. Scott v. Jacobs

Full title: IN THE MATTER OF THE ARBITRATION BETWEEN DAVID SCOTT, ESQ.…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Nov 25, 2009

2009 N.Y. Slip Op. 52391 (N.Y. App. Term 2009)

906 N.Y.S.2d 776

Opinion

570566/09.

Decided November 25, 2009.

Respondent Gary S. Jacobs appeals from a judgment of the Civil Court of the City of New York, New York County (Jose A. Padilla, Jr., J.), entered on or about June 22, 2009, which granted a petition to confirm an arbitration award and awarded petitioner the principal sum of $24,815.32.

Judgment (Jose A. Padilla, Jr., J.), entered on or about June 22, 2009, reversed, with $30 costs, and judgment entered in favor of respondent Jacobs dismissing the petition.

PRESENT: McKeon, P.J., Hunter, JJ.

PER CURIAM.

Since respondent Jacobs timely sought de novo review of the merits of the fee dispute following arbitration, the arbitration award in favor of petitioner did not become "final and binding" ( 22 NYCRR 137.8[a]). Contrary to the view expressed below, the Supreme Court action brought by respondent against petitioner, seeking a partial refund of fees previously paid to petitioner and a declaration that no further monies were owed, constituted an "action on the merits of the fee dispute" ( id.).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur