Bevona v. David Lipton/31 West 47th Street Co.

Appellate Division of the Supreme Court of New York

Bevona v. David Lipton/31 West 47th Street Co.

305 A.D.2d 306, 759 N.Y.S.2d 860, 2003 N.Y. App. Div. LEXIS 5920

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 27, 2003

StatusPublished

This text of 305 A.D.2d 306 (Bevona v. David Lipton/31 West 47th Street Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bevona v. David Lipton/31 West 47th Street Co., 305 A.D.2d 306, 759 N.Y.S.2d 860, 2003 N.Y. App. Div. LEXIS 5920 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered March 7, 2002, which, inter alia, granted the petition to confirm the arbitration award dated December 8, 1994, unanimously affirmed, with costs.

Appellant does not in its main brief challenge the arbitrator’s jurisdiction or the correctness of the award. Instead, it challenges Supreme Court’s jurisdiction to confirm the award. That challenge is based on arguments previously rejected by this Court (see Bevona v Lipton, 278 AD2d 104 [2000], rearg denied 2001 NY App Div LEXIS 2520), and we perceive no reason to resolve those arguments differently now (see Heffernan v Marine Midland Bank, 283 AD2d 337 [2001]).

We decline to consider the challenge to the arbitrator’s juris[307]*307diction raised in appellant’s reply brief. Were we to consider it, however, we would find it to be without merit (see 31 W. 47th St. Co. v Bevona, 215 AD2d 152 [1995]; and see Bevona v Roxanne Mgt., 280 AD2d 254 [2001]). Inasmuch as there is no contention that the award was totally irrational or violative of a strong public policy and there is no evidence supporting vacatur of the award upon any of the grounds enumerated in CPLR 7511, the award was properly confirmed (see Matter of Town of Callicoon [Civil Serv. Empls. Assn.], 70 NY2d 907, 909 [1987]).

We have considered appellant’s other arguments and find them unavailing. Concur — Buckley, P.J., Tom, Ellerin, Lerner and Friedman, JJ.

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Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered March 7, 2002, which, inter alia, granted the petition to confirm the arbitration award dated December 8, 1994, unanimously affirmed, with costs.

Appellant does not in its main brief challenge the arbitrator’s jurisdiction or the correctness of the award. Instead, it challenges Supreme Court’s jurisdiction to confirm the award. That challenge is based on arguments previously rejected by this Court (see Bevona v Lipton, 278 AD2d 104 [2000], rearg denied 2001 NY App Div LEXIS 2520), and we perceive no reason to resolve those arguments differently now (see Heffernan v Marine Midland Bank, 283 AD2d 337 [2001]).

We decline to consider the challenge to the arbitrator’s juris[307]*307diction raised in appellant’s reply brief. Were we to consider it, however, we would find it to be without merit (see 31 W. 47th St. Co. v Bevona, 215 AD2d 152 [1995]; and see Bevona v Roxanne Mgt., 280 AD2d 254 [2001]). Inasmuch as there is no contention that the award was totally irrational or violative of a strong public policy and there is no evidence supporting vacatur of the award upon any of the grounds enumerated in CPLR 7511, the award was properly confirmed (see Matter of Town of Callicoon [Civil Serv. Empls. Assn.], 70 NY2d 907, 909 [1987]).

We have considered appellant’s other arguments and find them unavailing. Concur — Buckley, P.J., Tom, Ellerin, Lerner and Friedman, JJ.

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305 A.D.2d 306, 759 N.Y.S.2d 860, 2003 N.Y. App. Div. LEXIS 5920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bevona-v-david-lipton31-west-47th-street-co-nyappdiv-2003.

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