Gruberg (Cortell Group, Inc.), In re
| Decision Date | 11 August 1988 |
| Citation | 143 A.D.2d 39,531 N.Y.S.2d 557 |
| Parties | In re Arbitration Between Rudy GRUBERG et al., Petitioners-Appellants, and The CORTELL GROUP, INC., etc., et al., Respondents-Respondents. |
| Court | New York Supreme Court — Appellate Division |
S.S. Allen, New York City, for petitioners-appellants.
L.H. Hirsch, New York City, for respondents-respondents.
Before KUPFERMAN, J.P., and CARRO, ELLERIN and WALLACH, JJ.
Order of the Supreme Court, New York County (Jacqueline Silbermann, J.), entered on or about January 26, 1988, which amended a prior judgment of the same court, entered December 17, 1987, to the extent of modifying the award for interest in an arbitration determination and having the interest commence running 150 days after the date of the arbitrator's award, to wit: October 15, 1987, rather than accruing from December 31, 1985, the date of the termination of an employment agreement, as provided in the prior judgment, is unanimously modified, on the law, to the extent that interest shall be awarded from September 21, 1987, and the order is otherwise affirmed, without costs.
In a contract dispute brought before an arbitrator the question of whether interest from the date of the breach of the contract should be allowed in an arbitration award is a mixed question of law and fact for the arbitrator to determine. Matter of Arbitration between Penco Fabrics [Louis Bogopulsky, Inc.], 1 A.D.2d 659, 146 N.Y.S.2d 514. Furthermore, in a CPLR 7510 motion to confirm an arbitration award, the arbitrator's award is deemed conclusive as to all matters of law and fact, unless some ground for modification or vacatur, as set forth in CPLR 7511, is established. Thus, on a motion to confirm an arbitration award, if the award is silent on the question of pre-judgment interest, a court is not entitled to award such interest. Id. Rather, "upon confirmation of an arbitrator's award, interest should be provided from the date of the award." Board of Education of Central School District No. 1 v. Niagara-Wheatfield Teachers Association et al., 46 N.Y.2d 553, 558, 415 N.Y.S.2d 790, 389 N.E.2d 104; Matter of Penco Fabrics [Louis Bogopulsky, Inc.], supra, 1 A.D.2d at 659, 146 N.Y.S.2d 514. This court further held in Penco Fabrics that when the arbitrator's award requires a party to pay within a certain time period, "interest should run only from the expiration of that period." Id.
The court below obviously intended to follow the case law on...
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