JUNIPER WALK v. PATRIOT MGT.


3 Misc.3d 748 (2004)

774 N.Y.S.2d 672

JUNIPER WALK CONDOMINIUM, Plaintiff, v. PATRIOT MANAGEMENT CORP., Defendant.

City Court of White Plains.

March 26, 2004.


Attorney(s) appearing for the Case

Finger & Finger, White Plains, for plaintiff.

Howard Dean, Tarrytown, for defendant.


OPINION OF THE COURT

BRIAN HANSBURY, J.

Plaintiff moves for an order vacating an arbitration award and restoring the action to the arbitration calendar. The issues presented are twofold: (1) where, as here, a party defaults at an arbitration hearing, what constitutes "good cause" for vacatur of an award and restoration to the arbitration calendar, and (2) upon granting such a motion, may a court impose costs beyond those made mandatory by court rule.

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