103 Central Park West Corporation v. Service Employees International Union

Background

103 Central Park West Corp. filed a petition to confirm an arbitration award. Although the filing was styled as a complaint, the court treated it as a petition to confirm arbitration. The respondents were Service Employees International Union, Local 32BJ, and Realty Advisory Board on Labor Relations.

The respondents did not file an opposition by the court-ordered deadline. The petitioner later informed the court that the respondents did not oppose the requested relief and consented to admitting the facts submitted in support of the request to confirm the award.

Court’s Analysis

The court explained that an unopposed petition to confirm an arbitration award must be treated like a motion for summary judgment based on the petitioner’s submissions. After reviewing those submissions, the court found no genuine issue of material fact preventing summary judgment as to any part of the award. It also found that the arbitrator’s decision provided more than a barely colorable justification for its result and that there was no basis under Section 10(a) of the Federal Arbitration Act to vacate the award.

Ruling

Judge Furman granted the petitioner’s unopposed petition to confirm the entire arbitration award. The court directed the petitioner to file an updated proposed judgment reflecting the respondents’ failure to oppose by January 12, 2022.