Partners Dustin Bowman, Alex Kadochnikov, and Mark Anderson worked together to secure the judgment in favor of the firm’s client.
A contractor walked off the job at a Brooklyn Development site. After nine days in arbitration, the client was awarded over $2.2 million.
This case involves a dispute regarding an arbitration award issued by S. Construction NY, Inc. (the petitioner), Rezo Holdings LLC, and 520 Parkside LLC (the respondents). The petitioner sought to vacate or modify the arbitration award, while the respondents sought to confirm it.
The petitioner alleged that the arbitrator committed errors, including providing insufficient reasoning for the award, accepting new allegations from the respondents after the hearing, improperly awarding costs outside the scope of the petitioner’s work, and wrongly finding misappropriation of funds. The respondents argued that the petitioner waived procedural defects by participating in the arbitration without objection and that the award had a justifiable basis.
The court found that the petitioner failed to demonstrate clear and convincing evidence that the arbitrator’s award violated public policy, was irrational, or exceeded the arbitrator’s powers. Additionally, the court determined that the arbitrator provided a colorable justification for the outcome. Therefore, the motion to vacate or modify the award was denied, and the cross-motion to confirm the award was granted.
Partners Dustin, Alex , and Mark worked diligently together to ensure the case reached a successful resolution that upheld the interests of all parties involved.
The decision can be read here.
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