Drywall Tapers and Pointers of Greater New York Local Union 1974 v. Seamless…

Background

On March 28, 2022, the petitioners filed a petition asking the court to confirm an arbitration award. The court set a schedule for the petitioners’ supporting materials, Seamless Wall Finishing Inc.’s opposition, and the petitioners’ reply. The petitioners served the respondent with the petition, supporting materials, and briefing schedule. The respondent’s opposition was due May 3, 2022, but the respondent neither opposed the petition nor sought relief from the award.

Court’s analysis

The court explained that it must treat an unopposed petition to confirm an arbitration award like a motion for summary judgment, which asks whether the submitted materials show that the moving party is entitled to judgment without a trial. After reviewing the petition and supporting materials, the court found no genuine issue of material fact preventing judgment on any part of the award. It also found that the arbitrator’s decision provided more than a minimally supportable explanation for its result. Finally, the court found no basis under Section 10(a) of the Federal Arbitration Act to vacate, or set aside, the award.

The court also considered the petitioners’ request for attorneys’ fees and costs. It found that the petitioners proved that the hours worked, rates charged, and litigation costs were reasonable and necessary.

Ruling

Judge Jesse M. Furman granted the petitioners’ unopposed petition to confirm the entire arbitration award and awarded the petitioners their requested attorneys’ fees and costs. The court directed the petitioners to file a proposed judgment electronically by May 23, 2022. The opinion does not describe the underlying terms or amount of the arbitration award.