Madison Realty Capital, L.P. v. Scarborough-St. James Corp.
| Decision Date | 28 January 2016 |
| Parties | MADISON REALTY CAPITAL, L.P., et al., Plaintiffs–Respondents, v. SCARBOROUGH–ST. JAMES CORPORATION, et al., Defendants–Appellants, Thomas L. Armano, Jr., Nonparty, Appellant. |
| Court | New York Supreme Court — Appellate Division |
135 A.D.3d 652
25 N.Y.S.3d 83
MADISON REALTY CAPITAL, L.P., et al., Plaintiffs–Respondents,
v.
SCARBOROUGH–ST. JAMES CORPORATION, et al., Defendants–Appellants,
Thomas L. Armano, Jr., Nonparty, Appellant.
Supreme Court, Appellate Division, First Department, New York.
Jan. 28, 2016.
LeClairRyan, P.C., New York (Michael T. Conway of counsel), for Scarborough–St. James Corporation and 67500 South Main Street Richmond LLC, appellants.
Thomas L. Armano, Jr., appellant pro se.
Westerman Ball Ederer Miller Zucker & Sharfstein, LLP, Uniondale (Jeffrey A. Miller of counsel), for respondents.
TOM, J.P., SWEENY, GISCHE, KAPNICK, JJ.
Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered March 16, 2015, which confirmed an arbitration award in favor of plaintiffs and against defendants for the total sum of $720,204.80, and bringing up for review an order, same court, entered August 5, 2014, as amended by order, entered December 1, 2014, which granted plaintiffs' motion to confirm the arbitration award and denied defendants' cross motion to vacate or modify the arbitration award, unanimously affirmed, with costs.
"A court cannot examine the merits of an arbitration award and substitute its judgment for that of the arbitrator simply because it believes its interpretation would be the better one. Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v. State of New York, 94 N.Y.2d 321, 326, 704 N.Y.S.2d 910, 726 N.E.2d 462 [1999] [citations omitted
] ). Applying this standard, there is no basis to upset the final award.
The final award, which found that plaintiff Madison is now the landlord of the subject shopping center, and that the annual rent...
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