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

Background

The Trustees for the Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Program Fund, and the Mason Tenders District Council of Greater New York brought a petition against Carlito’s Contracting Corp. to confirm an arbitration award. The petition was unopposed.

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 petition as a motion for summary judgment, which is a request for judgment without a trial when the relevant facts do not require one. After reviewing the petition and supporting documents, the court found that the arbitrator acted within the arbitrator’s authority.

The court also found that post-judgment interest was warranted. It did not award attorneys’ fees and costs incurred in bringing the petition because the Trustees had not supported that request with time records or other required documentation.

Ruling

Judge Victor Marrero ordered that the petition was GRANTED in the amount of $11,493.83 plus post-judgment interest. The Clerk of Court was directed to dismiss all pending motions and close the case. The court did not award the requested attorneys’ fees and costs for the petition.