Opinion
SC 741-08.
Decided May 22, 2008.
To: Philip Shelly, Esq., Attorney for Plaintiff, White Plains, New York.
Amer Hawadeh, Defendant pro se, Yonkers, New York.
In this proceeding for damage claimed to have been caused to a rental apartment, where a small claims judgment was entered in favor of the defendant dated April 23, 2008, the plaintiff moves to vacate the judgment and to place the matter back on the court's calendar.
The parties appeared in court on April 9, 2008 and both agreed to submit the matter to arbitration. In agreeing to submit the matter to arbitration, the parties acknowledged in writing that there is no appeal from the decision of the arbitrator. The case was then heard before an arbitrator, with both parties present. The plaintiff was represented by counsel and the defendant appeared pro se. The arbitrator rendered an award in favor of the defendant. Following the arbitration award in favor of the defendant, plaintiff now moves to vacate the judgment, arguing that a rent receipt submitted to the arbitrator by the defendant was not authentic.
"A small claims arbitrator's determination may not be set aside on the ground that it was affected by an error of law" ( Postiglione v Paumere, 2003 NY Slip Op. 51376U (App. Term, 2d Dept.); Povia v Furfero, 2007 NY Slip OP. 50723U (App. Term, 2d Dept)). Under CPLR 7511, an award may be vacated only if (1) the rights of a party were prejudiced by corruption, fraud or misconduct in procuring the award, or by the partiality of the arbitrator; (2) the arbitrator exceeded his or her power or failed to make a final and definite award; or (3) the arbitration suffered from a procedural defect.
Even where the arbitrator makes a mistake of fact or law, or disregards the plain words of the parties' agreement, the award is not subject to vacatur "unless the court concludes that it is totally irrational or violative of a strong public policy" and thus in excess of the arbitrator's powers ( Maross Constr. v Central NY Regional Transp. Auth., 66 NY2d 341, 346 (1985); Matter of Silverman, 61 NY2d 299, 308 (1984)). The court finds that the defendant has not advanced any valid reason in accordance with CPLR 7511 to vacate the arbitration award. The arbitrator heard the parties' arguments and both acknowledged in writing that the arbitrator's award was not appealable. The motion to vacate the arbitration award is therefore denied.
The court considered the following papers on this motion: Notice of Motion dated May 9, 2008, Affirmation in support, Exh. A-B.