Trustees for The Mason Tenders District Council Welfare Fund v. Construction

Background

The petitioners filed a petition on August 13, 2020, asking the court to confirm an arbitration award. The petitioners were the Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund; Anna Gustin, acting as Director; and Robert Bonanza, acting as Business Manager of The Mason Tenders District Council of Greater New York. AMM Construction, Inc. was the respondent.

Court’s Orders

The court stated that proceedings to confirm an arbitration award are treated like a motion for summary judgment. It ordered the petitioners, by September 17, 2020, to file and serve a statement required by Local Civil Rule 56.1 and any additional supporting materials, including legal memoranda, the arbitration award, supporting documents, and affidavits or declarations confirming that exhibits were true and correct copies.

AMM Construction had until October 7, 2020, to file its opposition. The petitioners had until October 14, 2020, to file a reply, if any.

The court also ordered the petitioners to serve the petition and the order on AMM Construction by personal service, and by email if available, by August 31, 2020. Service was to be made on an officer, director, managing or general agent, cashier or assistant cashier, or another agent authorized to receive service under New York law. The petitioners also had to serve the Secretary of State under New York Business Corporation Law § 306 and file an affidavit proving service by September 7, 2020.

Disposition

Judge Analisa Torres issued an order setting briefing and service requirements. The opinion does not state that the court confirmed or refused to confirm the arbitration award, so it did not resolve that petition on the merits.