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S.D.N.Y.Substantive rulingFiled Aug. 16, 2021

Trustees for The Mason Tenders District Council Welfare Fund v. Carlito's…

Full caption

Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund v. Carlito's Contracting Corp.

Judge
Victor Marrero
Docket
1:20-cv-05210
Court
U.S. District Court · Southern District of New York
Pages
4
ArbitrationSummary JudgmentContract
In one sentence

Trustees for The Mason Tenders District Council Welfare Fund v. Carlito's Contracting Corp.: Judge Marrero confirmed the arbitration award for $11,493.83 plus interest.

Who this affects

The petitioners—the trustees for the Mason Tenders funds and the Mason Tenders District Council of Greater New York—obtained confirmation of an arbitration award against Carlito's Contracting Corp. for $11,493.83 plus post-judgment interest. The petitioners did not receive attorneys' fees and costs for bringing the petition.

What happened

In Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund v. Carlito's Contracting Corp., the petitioners asked the court to confirm an arbitration award. Carlito's Contracting Corp. did not oppose the petition.

The court treated the unopposed petition as a request for summary judgment. It found that the arbitrator acted within the authority given by the parties' agreement and confirmed the award for $11,493.83, plus post-judgment interest. The court did not award the petitioners attorneys' fees and costs because they did not provide time records or other supporting materials.

Judge Victor Marrero granted the petition and directed the clerk to close the case.

The detailed version

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

Case
Trustees for The Mason Tenders District Council Welfare Fund v. Carlito's… · No. 1:20-cv-05210
Judge
Victor Marrero
Date
Aug. 16, 2021

Background

The trustees for several Mason Tenders funds and the Mason Tenders District Council of Greater New York petitioned the court to confirm an arbitration award against Carlito's Contracting Corp. The petition was unopposed.

Court's analysis

The court treated the unopposed petition as a motion for summary judgment. It explained that courts generally must confirm an arbitration award when the arbitrator acted within the scope of the arbitrator's authority and the award was based on the parties' agreement. The court reviewed the petition and supporting documents and found that the arbitrator had acted within that authority.

The court also found that post-judgment interest was warranted. It declined to award attorneys' fees and costs for the petition because the petitioners had not supported that request with time records or other documentation.

Ruling

Judge Victor Marrero granted the petition. The order confirmed the arbitration award in the amount of $11,493.83 plus post-judgment interest. The court did not award attorneys' fees and costs, directed the clerk to dismiss all pending motions, and ordered the case closed.

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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