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MATTER OF LIPSON v. HERMAN

Index No. 652405/19. Appeal No. 12559N-12559NA. Case No. 2019-01421.

189 A.D.3d 440 (2020)

137 N.Y.S.3d 324

2020 NY Slip Op 07281

In the Matter of Ross Lipson, Respondent, v. Taylor Stuart Herman et al., Appellants.

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

Schiller Law Group, P.C., New York ( John V. Golaszewski of counsel), for appellants.

Mark W. Stoutenburg , New York, for respondent.

Concur—Friedman, J.P., Kapnick, Gesmer, Kern, Shulman, JJ.

The court properly granted the petition to confirm the subject arbitration award. Respondents Taylor Stuart Herman (Herman) and Taylor Stuart Herman, Inc. (the company) contend that the arbitrator wrongly determined that the company was nonexistent, and that this determination, in the face of evidence of the existence of the company, provides a basis to vacate the award (see CPLR 7511[b]). However, the argument is based on an incorrect premise, as this is not what...

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