The petition to confirm an arbitration award in favor of petitioner is granted, and respondent's motion to dismiss the petition and vacate the award is denied.
Respondent failed to establish any grounds for vacating the arbitration award, pursuant to CPLR 7511[b]. Respondent contends that the arbitration panel exceeded its power by hearing the parties' fee dispute because it was inextricably intertwined with her allegations of malpractice, which could not properly have been considered by the arbitrators under the Rules of the Chief Administrator of the Courts (22 NYCRR) part 137. However, the fee dispute was the only claim that was heard and resolved by the arbitration panel, which did not address respondent's conclusory malpractice allegations. Further, neither the plain terms of 22 NYCRR part 137 nor the parties' engagement letter precluded the arbitration panel from hearing and determining petitioner's claim for unpaid fees.
Matter of Barton LLP v. Maybank, NY Slip Op 00019 (1st Dep't January 4, 2024)
