New York Merchants v. Oristy Food Ctr.

Full title: NEW YORK MERCHANTS PROTECTIVE CO., INC., Appellant, v. ORISTY FOOD CENTER…

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

Date published: Apr 11, 2011

2011 N.Y. Slip Op. 50637 (N.Y. App. Term 2011)

Opinion

2010-180 Q C.

Decided April 11, 2011.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diccia T. Pineda-Kirwan, J.), dated April 9, 2007, deemed from a judgment of the same court entered November 30, 2009 (see CPLR 5520 [c]). The judgment, entered pursuant to the April 9, 2007 order, denied a petition to confirm an arbitration award and dismissed the proceeding.

ORDERED that the judgment is affirmed, without costs.

PRESENT: WESTON, J.P., RIOS and STEINHARDT, JJ.

For the reasons stated in New York Merchants Protective Co., Inc. v Mima's Kitchen, Inc. ( ___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2009-1612 Q C], decided herewith), the judgment is affirmed.

Rios and Steinhardt, JJ., concur.

Weston, J.P., dissents in a separate memorandum.

Weston, J.P., dissents and votes to reverse the judgment and grant petitioner's application to confirm the arbitration award in the following memorandum:

For the reasons stated in my dissent in New York Merchants Protective Co., Inc. v Mima's Kitchen, Inc. ( ___ Misc 3d ___, 2011 NY Slip Op ___ [Appeal No. 2009-1612 Q C], decided herewith), I vote to reverse the judgment and grant the petition to confirm the arbitration award.