Appellate Court Upholds Rare Dismissal of Action to Confirm Arbitration Award

On December 27, 2018, the New York State Supreme Court Appellate Division, First Department denied an appeal seeking to reverse the dismissal of an action to confirm an unfavorable arbitration award against Sher Tremonte’s client, a real estate investor. The lower court had dismissed the case on the ground that service had not been effected because the process server did not properly affix the legal papers to the defendant’s door. The appellate court rejected the plaintiffs’ attempt to have this dismissal reversed and further denied plaintiffs’ request for additional time to effect service on Sher Tremonte’s client. Read the opinion here.