Motion to Vacate a Small Claims Arbitrator's Award
In Landro v. D'Amond, 180 Misc 2d 420, the court denied defendant's motion to vacate a small claims arbitrator's award for the reason that no grounds for vacatur were established pursuant to CPLR 7511.
Both sides had agreed to proceed to trial before an arbitrator, and defendant later sought to attack the award upon the ground that the arbitrator was partial to the claimant.
Likewise, the court in Rymer v. Leider, 122 Misc 2d 873, stated that claimant's dissatisfaction with the amount of the arbitrator's award is not a basis for vacatur under CPLR 7511.
Section 206 of the Civil Court Act states, in essence, that CPLR article 75 shall apply to an arbitrable controversy and to the recognition of an arbitration award.
The Uniform Civil Rules also provide that "where the parties agree to arbitrate a claim under NYCCCA 206, arbitration proceedings shall be conducted in accordance with CPLR article 75." (22 NYCRR 208.40 [b].)