N.Y. Merchants Protective Co. v. Antique Rugs Studio, Inc.

Full title: NEW YORK MERCHANTS PROTECTIVE CO., INC., Appellant, v. ANTIQUE RUGS…

Court: Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.

Date published: Oct 23, 2014

45 Misc. 3d 129 (N.Y. App. Term 2014)

2014 N.Y. Slip Op. 51526

3 N.Y.S.3d 285

Opinion

2014-10-23

NEW YORK MERCHANTS PROTECTIVE CO., INC., Appellant, v. ANTIQUE RUGS STUDIO, INC. and Sol Hakimian, Respondents.

Appeal from an order of the District Court of Nassau County, First District (Michael A. Ciaffa, J.), dated December 14, 2009. The order, insofar as appealed from, denied a petition to confirm an arbitration award.
Present: IANNACCI, J.P., MARANO and TOLBERT, JJ.

ORDERED that the order, insofar as appealed from, is reversed, without costs, the petition is reinstated, and the matter is remitted to the District Court for a determination of the petition on the merits.

For the reasons stated in Matter of New York Merchants Protective Co. v. Mima's Kitchen, Inc. (114 AD3d 796 [2014] ), the order, insofar as appealed from, is reversed, the petition is reinstated, and the matter is remitted to the District Court for a determination of the petition on the merits.

The decision and order of this court dated April 11, 2011 (31 Misc.3d 135 [A], 2011 N.Y. Slip Op 50642[U] ) are hereby recalled and vacated ( see motion decided simultaneously herewith).

IANNACCI, J.P., MARANO and TOLBERT, JJ., concur.