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S.D.N.Y.Substantive rulingFiled Apr. 2, 2021

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

Full caption

Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Tiki Industries, Inc.

Judge
Victor Marrero
Docket
1:20-cv-09099
Court
U.S. District Court · Southern District of New York
Pages
4
ArbitrationSummary JudgmentContract
In one sentence

In Trustees v. Tiki, Judge Marrero granted the petition, confirmed the arbitration award, and awarded petitioners fees, costs, and interest.

Who this affects

The petitioners—the identified carpenter funds, the Carpenter Contractor Alliance of Metropolitan New York, and the New York City District Council of Carpenters—received confirmation of the arbitration award and monetary awards against Tiki Industries, Inc., which was ordered to pay the specified amounts and interest.

What happened

Trustees of the New York City District Council of Carpenters Pension Fund and other petitioners asked the court to confirm an arbitration award against Tiki Industries, Inc. Tiki did not oppose the request.

The court found that the arbitrator acted within the authority given by the parties’ agreement and confirmed the award. The order awarded petitioners $14,556.79 plus 7.5% interest through judgment, $73 in costs and service fees, $902.50 in attorney’s fees, and post-judgment interest at the statutory rate.

Judge Victor Marrero granted the petition, directed the clerk to dismiss pending motions, and ordered the case closed.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Trustees Of The New York City District Council Of Carpenters Pension Fund v… · No. 1:20-cv-09099
Judge
Victor Marrero
Date
Apr. 2, 2021

Background

The Funds and the New York City District Council of Carpenters brought the action against Tiki Industries, Inc. to confirm an arbitration award. Petitioners filed an unopposed motion to confirm the award.

Court’s analysis

The court explained that an arbitration award generally must be confirmed if the arbitrator acted within the scope of the arbitrator’s authority and the award was based on the parties’ agreement. The court treated the unopposed motion as a motion for summary judgment, a procedure for deciding a case when the relevant facts do not require a trial. After reviewing the petition, legal memorandum, and supporting documents, the court found that the arbitrator acted within the scope of the arbitrator’s authority.

Ruling

Judge Victor Marrero granted the petition. The court confirmed the arbitration award and awarded petitioners $14,556.79 against Tiki Industries, Inc., representing the unsatisfied portion of the award, plus interest from the award date through the judgment date at an annual rate of 7.5%. The court also awarded $73 in court costs and service fees, $902.50 in attorney’s fees, and post-judgment interest at the statutory rate. The clerk was directed to dismiss all pending motions and close the case.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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