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Oparaji v. Holmes

Appellate Term of the Supreme Court of New York, Second Department
Feb 1, 2006
2006 N.Y. Slip Op. 50134 (N.Y. App. Term 2006)

Opinion

2005-726 Q C.

Decided February 1, 2006.

Appeal from an order of the Civil Court of the City of New York, Queens County (Denis J. Butler, J.), entered March 31, 2005. The order denied plaintiff's motion to vacate an arbitrator's award.

Order unanimously affirmed without costs.

PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.


In the instant small claims action, plaintiff alleged that his automobile was damaged as a result of an accident on October 30, 2003 caused by defendant's negligence. The parties consented to arbitration in lieu of a trial before the court.

The arbitrator found in favor of defendant and dismissed the action. Thereafter, plaintiff moved pursuant to CPLR 7511 to vacate the arbitration award. Since plaintiff's moving papers are conclusory, they are insufficient to warrant vacatur of the arbitrator's award pursuant to CPLR 7511. In view of the foregoing, the lower court's denial of plaintiff's motion is affirmed.


Summaries of

Oparaji v. Holmes

Appellate Term of the Supreme Court of New York, Second Department
Feb 1, 2006
2006 N.Y. Slip Op. 50134 (N.Y. App. Term 2006)
Case details for

Oparaji v. Holmes

Case Details

Full title:MAURICE OPARAJI, Appellant, v. TOLBERT HOLMES, Respondent

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

Date published: Feb 1, 2006

Citations

2006 N.Y. Slip Op. 50134 (N.Y. App. Term 2006)