Zandman v. Citibank, N.A.
- Nelson Roman
- 7:18-cv-00791
- U.S. District Court · Southern District of New York
- 3
In Zandman v. Citibank, Judge Roman confirmed a $33,596.77 arbitration award against Zandman and directed entry of judgment.
Citibank obtained confirmation of the arbitration award and a judgment against Jerry Zandman for $33,596.77 plus statutory interest. Zandman’s claims against Citibank were deemed dismissed. Claims involving the New York Yankees Partnership remained for further proceedings, and the parties’ cross-claims were voluntarily dismissed.
What happened
In Zandman v. Citibank, N.A., Jerry Zandman brought claims, including claims under the Fair Credit Billing Act and Truth in Lending Act, against Citibank, Citi®cards, and the New York Yankees Partnership. Zandman and Citibank agreed to submit their claims and counterclaims to binding arbitration, while the claims involving the Yankees were stayed.
The arbitrator denied Zandman’s claims and awarded Citibank $33,596.77, including attorney’s fees. Because Zandman did not oppose Citibank’s motion and did not show a reason to set aside the award, the court granted the motion, deemed Zandman’s claims against Citibank dismissed, and directed entry of judgment for Citibank with 9% statutory interest from July 11, 2019, until judgment was entered.
Judge Nelson S. Roman also stated that Citibank’s and the Yankees’ cross-claims against each other were voluntarily dismissed. The stay was lifted, and Zandman and the Yankees were directed to schedule a status conference about the remaining claims.
The detailed version
- Zandman v. Citibank, N.A. · No. 7:18-cv-00791
- Nelson Roman
- Jan. 21, 2020
Background
Jerry Zandman filed the action in New York State Supreme Court, Rockland County. The opinion states that he asserted claims, among others, under the Fair Credit Billing Act and the Truth in Lending Act against Citibank, N.A., Citi®cards, and the New York Yankees Partnership doing business as the New York Yankees Baseball Club. Citibank and Citi®cards removed the action to the Southern District of New York.
Zandman and Citibank later stipulated that all claims and counterclaims between them would be submitted to binding arbitration. The court stayed the claims asserted by or against the Yankees while that arbitration proceeded. After a hearing, Arbitrator Charles T. Bistany denied Zandman’s claims and awarded Citibank $33,596.77 on its counterclaims, inclusive of attorney’s fees.
Motion and legal standard
Citibank moved to confirm the arbitration award. Zandman did not file an opposition. Under the Federal Arbitration Act, a court generally must confirm an award unless it is vacated, modified, or corrected. The opinion explains that an award may be vacated for reasons such as corruption, fraud, evident partiality, serious misconduct, or the arbitrator’s exceeding the arbitrator’s authority. A party seeking to avoid confirmation faces a high burden.
Ruling
The court found no opposition to the motion and no showing supporting vacatur of the award. It therefore GRANTED Citibank’s motion to confirm the arbitration award. The court stated that the award included $27,096.77 for the amount due, including fees and interest through the date of the award, plus $6,500 in legal fees, for a total of $33,596.77. The court deemed all claims asserted by Zandman against Citibank dismissed and directed the Clerk to enter judgment for Citibank against Zandman for $33,596.77, plus 9% statutory interest from July 11, 2019, until entry of judgment.
The court also stated that Citibank’s and the Yankees’ cross-claims against each other were voluntarily dismissed. Zandman and the Yankees were directed to contact Magistrate Judge Paul E. Davidson within five days to schedule a status conference concerning the remaining claims, and the stay was lifted.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.