Cinelli Builders, Inc. v. Ferris
Opinion of the Court
In a hybrid action, inter alia, to recover damages for breach of contract, and proceeding pursuant to CPLR article 75, Steven Ferris and Arlene Ferris appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Spinola, J.), entered January 6, 2010, as granted those branches of the plaintiff/petitioner’s motion which were to modify an arbitration award dated July 28, 2009, to the extent of deleting the provision directing the plaintiff/petitioner to pay one half of the costs of stenographer transcripts and to confirm the arbitration award as modified, and denied their cross motion to vacate the arbitration award.
Ordered that the order is affirmed insofar as appealed from, with costs.
On a prior appeal between the same parties (see Cinelli Bldrs., Inc. v Ferris, 76 AD3d 608 [2010]), we affirmed an order which, inter alia, directed the parties to proceed to arbitration based on an arbitration clause in the parties’ contract. We concluded that the plaintiff/petitioner, Cinelli Builders, Inc. (hereinafter the plaintiff), was not required to possess a license from the Village of East Hampton to perform home improvements at the time the plaintiff entered into a construction contract with Steven Ferris and Arlene Ferris (hereinafter together the defendants) (id.). We also found that the construction project was for a “new
In directing the plaintiff to pay one half of the costs of stenographer transcripts, the arbitrator exceeded his powers, and the Supreme Court correctly modified the arbitration award to the extent of deleting that provision (see Matter of MKC Dev. Corp. v Weiss, 203 AD2d 573 [1994]; Matter of Yates Lansing, Inc. [Town of Niskayuna], 202 AD2d 916 [1994]).
The parties’ remaining contentions have been rendered academic or are without merit. Mastro, J.P., Balkin, Eng and Hall, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.