In re the Arbitration between DeFelice & Wallice

202 A.D.2d 241, 609 N.Y.S.2d 780

Opinion

—Order, Supreme Court, Suffolk County (John J.J. Jones, J.), entered October 18, 1991, which, insofar as appealed from, reduced an amended arbitration award from $41,500 to $12,500, unanimously modified, on the law and the facts, to grant judgment in favor of petitioner in the amount of $23,750, plus interest from August 14, 1990, with costs.

In reducing the arbitrators’ award to $12,500, the IAS Court found that the $22,500 paid to petitioner was part of the 50% split brokerage commission and it thereby credited the $22,500 paid to petitioner in recalculating the arbitration award. However, the IAS Court neglected to take into account that the total commission was increased by $22,500 for a total of $117,000 rather than $94,500. Since the arbitrators determined that respondent had agreed to pay 50% of the total commission, the balance of petitioner’s 50% share of the commission equals $23,500 (50% of $117,000 minus $35,000). In addition, petitioner is entitled to a $250 filing fee plus interest from August 14, 1990. Concur — Sullivan, J. P., Rosenberger, Ross, Rubin and Williams, JJ.