AKF, Inc. v. Kessman Group Painting & Design, Inc.

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------x AKF, INC., d/b/a FUNDKITE, MEMORANDUM AND ORDER Plaintiff, Case No. 1:19-06312-FB -against-

KESSMAN GROUP PAINTING & DESIGN, INC., MARGARET LAURIE KESSMAN, AND MATTHEW THOMAS KESSMAN,

Defendants. ------------------------------------------------x Appearances: For the Plaintiff: For the Defendant: CHRISTOPHER RYAN MURRAY HILLEL IRA PARNESS Stein Adler Dabah & Zelkowitz, LLP Parness Law Firm, PLLC 1633 Broadway 136 Madison Avenue, 6th Floor 46th Floor New York, New York 10016 New York, New York 10019 STEVEN ZAKHARYAYEV OLEG A. MESTECHKIN Law Offices of Steven Zakharyayev WING K. CHIU 1430 Broadway NANCY LAM Suite 402 Mestechkin Law Group, P.C. New York, New York 10018 1733 Sheepshead Bay Road Suite 29

Brooklyn, New York 11235

BLOCK, Senior District Judge: Plaintiff AKF, Inc., d/b/a Fundkite moves for an order confirming the October 28, 2021 arbitration award of Martin S. Tackel, and for the entry of judgment against defendants Kessman Group Painting & Designs, Inc., Margaret Laurie Kessman, and Matthew Kessman. The defendants have not filed any opposition to the motion. “[T]he confirmation of an arbitration award is a summary proceeding that

merely makes what is already a final arbitration award a judgment of the court.” Florasynth, Inc. v. Pickholz, 750 F.2d 171, 176 (2d Cir.1984). Unless there is a statutory basis for modification or vacatur, this Court’s role is simply to confirm the

award. Ottley v. Schwartzberg, 819 F.2d 373, 376 (2d Cir. 1987); see 9 U.S.C. § 9. Only a “barely colorable justification” for the outcome is necessary to confirm an award, and that justification need not be explicitly noted on the record—it can instead be inferred. Smiga v. Dean Witter Reynolds, Inc., 766 F.2d 698, 707 (2d Cir.

1985). Where, as here, a party has failed to answer a motion, the Court may look to the movant’s submissions in supporting confirmation. Trustees of Northeast Carpenters Health, Pension, Annuity, Apprenticeship, & Lab. Mgmt. Cooperation

Funds v. Duncan Partners, LLC, No. 19CV4376JMAAYS, 2021 WL 123359, at *2 (E.D.N.Y. Jan. 13, 2021). Based on its review of the plaintiff’s declaration and the documentary evidence attached to its motion, this Court finds that the plaintiff has established the

award as follows: (1) $189,804.70, plus per annum interest of 9% accruing since Nov. 4, 2019; (2) $56,941 in attorneys’ fees; and $14,150 in fees and costs of the arbitrator. Each of these obligations shall be joint and several. Judgment shall be entered against the defendants. SO ORDERED.

/S/ Frederic Block FREDERIC BLOCK Senior United States District Judge

Brooklyn, New York June 22, 2022