N.Y. Merchants Prot. v. Rockaway Bagels

Full title: NEW YORK MERCHANTS PROTECTIVE CO., INC., Appellant, v. ROCKAWAY BAGELS…

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

Date published: Apr 11, 2011

2011 N.Y. Slip Op. 50629 (N.Y. App. Term 2011)

Opinion

2009-1830 Q C.

Decided April 11, 2011.

Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered March 25, 2009. The order denied a petition to confirm an arbitration award and dismissed the proceeding.

ORDERED that the order 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 order is affirmed.

Rios and Steinhardt, JJ., concur.

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

Weston, J.P., dissents and votes to reverse the order 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 order and grant the petition to confirm the arbitration award.