Trustees of the Mason Tenders Distrcit Council Welfare Fund v. AMM Construction…

Background

The action concerns a petition to confirm an arbitration award. AMM Construction, Inc. was served through the New York Secretary of State on December 13, 2022, and was required to answer, file a motion, or otherwise respond by January 3, 2023. The petitioners later reported that they had spoken with AMM Construction’s principal and had served copies of the pleadings at all known addresses. AMM Construction had not appeared in the action.

Court’s reasoning

The court cited precedent stating that default judgments are generally inappropriate in proceedings to confirm or vacate arbitration awards. Instead, an unanswered petition should be treated as an unopposed motion for summary judgment, meaning a request for judgment based on the written record when the opposing party has not contested it. The order did not analyze the arbitration award or decide whether it should be confirmed.

Order

Judge Lorna G. Schofield ordered the petitioners to file a supporting memorandum of law of no more than twenty pages by March 24, 2023. AMM Construction could file an opposition of no more than twenty pages by April 14, 2023, and, if it filed an opposition, the petitioners could file a reply of no more than eight pages by April 21, 2023. The parties were required to follow the court’s individual rules regarding motions. The petitioners also had to serve the order on AMM Construction at its 479 Amherst Avenue address by the U.S. Postal Service, United Parcel Service, or Federal Express, and file proof of service by March 6, 2023.