Local 295-295C v. Phoenix Environmental Services Corp.
Cases that cite this one
11 later published cases cite this decision.
- Matter of Papa v. DePaola (Appellate Division of the Supreme Court of New York 2019)
- Matter of Barrella v. State of New York Off. of Mental Health (Appellate Division of the Supreme Court of New York 2019)
- Matter of Delora v. Edge Community Apts. (Appellate Division of the Supreme Court of New York 2019)
- Matter of Verille v. Jeanette (Appellate Division of the Supreme Court of New York 2018)
- Kirchhoff-Consigli Construction Management, LLC v. Mechtronics Corp. (Appellate Division of the Supreme Court of New York 2016)
- Quality Building Construction, LLC v. Jagiello Construction Corp. (Appellate Division of the Supreme Court of New York 2015)
- Matter of County of Nassau v. Patalano (Appellate Division of the Supreme Court of New York 2015)
- Matter of Government Empls. Ins. Co. v. Schussheim (Appellate Division of the Supreme Court of New York 2014)
- Denaro v. Cruz (Appellate Division of the Supreme Court of New York 2014)
- Denaro v. Cruz (Appellate Division of the Supreme Court of New York 2014)
- Miro Leisure Corp. v. Prudence Orla, Inc. (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to CPLR article 75 to confirm an arbitration award, Phoenix Environmental Services Corporation appeals from an order of the Supreme Court, Queens County (Dorsa, J.), dated August 19, 2004, which granted the petition and denied its cross motion, inter alia, to vacate the award.
Ordered that the order is affirmed, with costs.
Consistent with the public policy in favor of arbitration, the grounds specified in CPLR 7511 for vacating an arbitration award are few in number and narrowly applied (see Matter of Domotor v State Farm Mut. Ins. Co., 9 AD3d 367 [2004]). The appellant having been served with proper and sufficient notice of the petitioner’s intent to arbitrate pursuant to CPLR 7503 (c), and having failed thereafter to seek a stay of arbitration, vacatur of the award on the ground that they were no longer bound by the prior agreement to arbitrate was barred (see CPLR 7511 [b] [2] [ii]; cf. Matter of Blamowski [Munson Transp.], 91 NY2d 190, 195 [1997]). Moreover, the appellant failed to meet the heavy burden necessary to overturn an arbitration award on one or more of the grounds stated in CPLR 7511 (b) (1) (see Matter of Domotor v State Farm Mut. Ins. Co., supra; Matter of Rothman v RE/MAX of N.Y., 274 AD2d 520 [2000]). Accordingly, the Supreme Court properly denied the appellant’s cross motion to vacate the arbitration award and granted the petition to confirm the award (see CPLR 7511 [e]; Matter of White v Department of Law of State of N.Y., 184 AD2d 229, 230 [1992]).
The appellant’s remaining contentions are without merit. Adams, J.P., Krausman, Fisher and Lifson, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.