MATTER OF YEROUSH CORP. v. Nhaissi

New York Court of Appeals

MATTER OF YEROUSH CORP. v. Nhaissi

577 N.E.2d 56, 78 N.Y.2d 873, 573 N.Y.S.2d 65, 1991 N.Y. LEXIS 808

CourtNew York Court of Appeals

DecidedJune 4, 1991

StatusPublished

Cited by3 cases

This text of 577 N.E.2d 56 (MATTER OF YEROUSH CORP. v. Nhaissi) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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MATTER OF YEROUSH CORP. v. Nhaissi, 577 N.E.2d 56, 78 N.Y.2d 873, 573 N.Y.S.2d 65, 1991 N.Y. LEXIS 808 (N.Y. 1991).

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Opinion

*874 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Yeroush Corporation obtained a $141,000 arbitration award in connection with its discharge as the contractor hired to complete construction for Nhaissi. Supreme Court confirmed the award, denying Nhaissi’s cross motion for vacatur on the ground of "corruption, fraud or misconduct” (CPLR 7511 [b] [1] [i]), and the Appellate Division affirmed.

Nhaissi, as appellant, urges that his motion to vacate the arbitration award should have been granted because of statements made by Yeroush’s president to Nhaissi’s architect — an individual at the time involved in ongoing construction work with both parties. As evidence of misconduct, Nhaissi points to the architect’s affidavit reciting that Yeroush’s president told him to testify " 'fairly’ so as not to jeopardize [their] relationship.” Nhaissi urges that this affidavit entitles him to vacatur of the arbitration award, or at least a hearing on the issue of misconduct. We disagree. There is no reason to disturb Supreme Court’s determination as a matter of law that the statements in the architect’s affidavit in no way rise to the level of "misconduct” under the CPLR.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed, with costs, in a memorandum.

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*874 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Yeroush Corporation obtained a $141,000 arbitration award in connection with its discharge as the contractor hired to complete construction for Nhaissi. Supreme Court confirmed the award, denying Nhaissi’s cross motion for vacatur on the ground of "corruption, fraud or misconduct” (CPLR 7511 [b] [1] [i]), and the Appellate Division affirmed.

Nhaissi, as appellant, urges that his motion to vacate the arbitration award should have been granted because of statements made by Yeroush’s president to Nhaissi’s architect — an individual at the time involved in ongoing construction work with both parties. As evidence of misconduct, Nhaissi points to the architect’s affidavit reciting that Yeroush’s president told him to testify " 'fairly’ so as not to jeopardize [their] relationship.” Nhaissi urges that this affidavit entitles him to vacatur of the arbitration award, or at least a hearing on the issue of misconduct. We disagree. There is no reason to disturb Supreme Court’s determination as a matter of law that the statements in the architect’s affidavit in no way rise to the level of "misconduct” under the CPLR.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed, with costs, in a memorandum.

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577 N.E.2d 56, 78 N.Y.2d 873, 573 N.Y.S.2d 65, 1991 N.Y. LEXIS 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-yeroush-corp-v-nhaissi-ny-1991.

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