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

Background

The Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund; the Trustees of the New York City Carpenters Relief and Charity Fund; the Carpenter Contractor Alliance of Metropolitan New York; and the New York City District Council of Carpenters brought a petition against Barden Contracting Services LLC to confirm an arbitration award. The petitioners filed an unopposed motion to confirm the award.

Court’s Analysis

The court explained that judicial review of an arbitration award is limited. A court generally must confirm an award when 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, meaning a request for judgment without a trial when the relevant facts do not require one.

After reviewing the petition, legal memorandum, and supporting documents, the court found 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 proper or warranted, and found the requested attorney’s-fee rate reasonable.

Ruling

Judge Victor Marrero granted the petition. The order awarded the petitioners $2,154,254.13 against Barden Contracting Services LLC for the unsatisfied portion of the arbitration award, plus interest on that portion from the award date through the judgment date at an annual rate of 5.25%. It also awarded $75 in court costs and service fees, $1,472.50 in attorney’s fees arising from the proceeding, and post-judgment interest at the statutory rate. The clerk was directed to dismiss all pending motions and close the case.