Opinion
2012-02-21
In re RODMAN & RENSHAW, LLC, et al., Petitioners–Respondents, v. Matthew N. MURRAY, Respondent–Appellant.
Schlam Stone & Dolan LLP, New York (David J. Katz of counsel), for appellant. Wilk Auslander LLP, New York (Jay S. Auslander of counsel), for respondents.
Schlam Stone & Dolan LLP, New York (David J. Katz of counsel), for appellant. Wilk Auslander LLP, New York (Jay S. Auslander of counsel), for respondents.
Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered October 13, 2011, awarding petitioners the total amount of $16,048,447.06, and bringing up for review an order, same court and Justice, entered August 16, 2011, which, in this proceeding brought pursuant to CPLR article 75, granted petitioners' motion to confirm an arbitration award, and denied respondent's cross motion to vacate the award of damages, unanimously affirmed, without costs. Appeal from the August 16, 2011 order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
The arbitration award was not marked by manifest disregard of the law, as there was no showing that the arbitrators had ignored or refused to apply a governing legal principle that was well defined, explicit, and clearly applicable to the case ( see Wien & Malkin LLP v. Helmsley–Spear, Inc., 6 N.Y.3d 471, 481, 813 N.Y.S.2d 691, 846 N.E.2d 1201 [2006] ). Nor has respondent established that the award was irrational or violative of a strong public policy ( see Kalyanaram v. New York Inst. of Tech., 79 A.D.3d 418, 419, 913 N.Y.S.2d 159 [2010], lv. denied 17 N.Y.3d 712, 2011 WL 4916491 [2011] ).