BENEDICT P. MORELLI & ASSOCIATES, P.C. v. SHAINWALD


49 A.D.3d 476 (2008)

854 N.Y.S.2d 133

BENEDICT P. MORELLI & ASSOCIATES, P.C., Now Known as MORELLI RATNER, P.C., Appellant, v. SYBIL SHAINWALD et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 27, 2008.


The record does not support appellant's contention that the arbitrators' allocation of arbitration fees, appointment of an accountant at appellant's expense and denial of appellant's claim for disbursements were punitive. Such claim is speculative in this case. Assuming that a "punitive" award would have been improper, the "mere possibility" that the award was punitive is not a basis for disturbing it (see Matter of West Side Lofts [Sentry Contr.],

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