In Matter of Kuchar v. Baker, 261 A.D.2d 402, a petition was brought to confirm an arbitration award concerning an agreement entered into between Baker and Kuchar, where Kuchar (doing business as G.M. Construction) was to perform rehabilitation work involving a building in Brooklyn, New York. In that case, at the time the parties entered into the agreement December 15, 1995 Baker did not hold a deed to the property. Subsequently, on February 13, 1996, Baker obtained a deed to the building in question and the rehabilitation work commenced in March 1996.
However, the Court denied the motion to vacate the arbitration award because Kuchar had alleged that Baker "was neither an owner of the premises at the time the agreement was entered into ... nor a resident of the premises at the time the work was performed." (Matter of Kuchar v. Baker, 261 A.D.2d 402, 403, 689 N.Y.S.2d 213).