Little Neck Computers, Inc. v. Guido

Appellate Division of the Supreme Court of New York

Little Neck Computers, Inc. v. Guido

217 A.D.2d 659, 630 N.Y.S.2d 249, 1995 N.Y. App. Div. LEXIS 8071

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

DecidedJuly 24, 1995

StatusPublished

Cited by1 cases

This text of 217 A.D.2d 659 (Little Neck Computers, Inc. v. Guido) 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

Little Neck Computers, Inc. v. Guido, 217 A.D.2d 659, 630 N.Y.S.2d 249, 1995 N.Y. App. Div. LEXIS 8071 (N.Y. Ct. App. 1995).

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Opinion

—In a proceeding to compel arbitration pursuant to CPLR 7503, the nonparty judgment debtor, Oscar Kogan, appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated May 13, 1994, which denied his motion to vacate a judgment entered against him on January 28, 1994.

Ordered that the order is reversed, on the law, with costs, and the motion to vacate the judgment entered against the appellant on January 28, 1994, is granted.

[660]*660"A judgment cannot be entered in an arbitration proceeding on a matter which has not been submitted to the arbitrators, nor may judgment be entered against a stranger to the arbitration agreement and proceedings” (5 NY Jur 2d, Arbitration and Award, § 144). Since the appellant in this case was not a party to the arbitration proceeding, the judgment against him must be vacated. Sullivan, J. P., Miller, Copertino, Joy and Friedmann, JJ., concur.

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—In a proceeding to compel arbitration pursuant to CPLR 7503, the nonparty judgment debtor, Oscar Kogan, appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated May 13, 1994, which denied his motion to vacate a judgment entered against him on January 28, 1994.

Ordered that the order is reversed, on the law, with costs, and the motion to vacate the judgment entered against the appellant on January 28, 1994, is granted.

[660]*660"A judgment cannot be entered in an arbitration proceeding on a matter which has not been submitted to the arbitrators, nor may judgment be entered against a stranger to the arbitration agreement and proceedings” (5 NY Jur 2d, Arbitration and Award, § 144). Since the appellant in this case was not a party to the arbitration proceeding, the judgment against him must be vacated. Sullivan, J. P., Miller, Copertino, Joy and Friedmann, JJ., concur.

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Bluebook (online)

217 A.D.2d 659, 630 N.Y.S.2d 249, 1995 N.Y. App. Div. LEXIS 8071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/little-neck-computers-inc-v-guido-nyappdiv-1995.

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