Trustees Of The New York City Carpenters Relief and Charity Fund v. Krefab…

Background

The petitioners—the trustees of several funds, the Carpenter Contractor Alliance of Metropolitan New York, and the New York City District Council of Carpenters—brought the action against Krefab Corporation to confirm an arbitration award. The petition was unopposed.

Court’s analysis

The court treated the unopposed petition as a motion for summary judgment, which asks whether the moving party is entitled to judgment based on the record without a trial. 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. A court may not overturn the award merely because it believes the arbitrator was wrong.

After reviewing the petition, memorandum of law, and supporting documents, the court was persuaded that the arbitrator acted within the scope of the arbitrator’s authority. The court also found the petitioners’ requests for attorney’s fees, costs, and post-judgment interest warranted. It found the petitioners’ described attorney-fee rate reasonable.

Order

The court granted the petition. The order awarded the petitioners:

- $181,158.84 against Krefab Corporation, representing the arbitration award plus interest from the award date through the judgment date at an annual rate of 5.25 percent under the award; - $75 in court costs and service fees; - $807.50 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.