Trustees Of The New York City District Council Of Carpenters Pension Fund v…

Background

The petitioners filed the action to confirm a November 2018 arbitration award against H.R.A.D. Construction Corp. H.R.A.D. did not appear. On March 29, 2019, the court treated the petition as an unopposed motion for summary judgment, which is a request for judgment without a trial when there is no genuine dispute over an important fact.

Court’s analysis

The court explained that confirming an arbitration award is ordinarily a streamlined proceeding that turns the award into a court judgment. Judicial review of an arbitration award is narrow, and the court generally must confirm the award unless a legal basis exists to vacate, modify, or correct it. An unanswered petition to confirm an arbitration award is treated as an unopposed summary-judgment motion.

After reviewing the petitioners’ submissions, the court found no disputed material fact and concluded that the arbitration award had at least a minimally supportable justification. The court therefore confirmed the award of $3,857.95, with prejudgment interest from the date of the award through the date of judgment at 7% annually. The court also found the petitioners’ request for $677 in attorneys’ fees and costs reasonable and supported by the parties’ collective bargaining agreement.

Ruling

Judge Edgardo Ramos granted the motion to confirm the petition and confirmed the underlying arbitration award. The judgment awarded the petitioners: (1) $3,857.95 under the November 15, 2018 arbitration award, plus 7% annual interest through the date of judgment; (2) $70 in costs; (3) $607 in attorneys’ fees; and (4) post-judgment interest at the statutory rate. The court directed the Clerk of Court to enter judgment and close the case.