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Djeddah v. Starr

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 2003
759 N.Y.S.2d 680 (N.Y. App. Div. 2003)

Opinion

1323N

June 5, 2003.

Judgment (denominated an order), Supreme Court, New York County (Marjory Fields, J.), entered on or about May 17, 2002, which, inter alia, granted petitioner attorney's motion to confirm an award made by the Matrimonial Fee Dispute Arbitration Unit, unanimously affirmed, without costs.

Pro Se, for petitioner-appellant.

Annette G. Hasapidis, for respondent-respondent.

Before: Tom, J.P., Sullivan, Rosenberger, Wallach, Gonzalez, JJ.

Deceased June 1, 2003.


The client's arguments premised upon her claims of malpractice are barred by the prior unappealed order recognizing the attorney's charging lien and referring the matter for an assessment (see Smira v. Roper, Barandes Fertel, LLP, 302 A.D.2d 305, 754 N.Y.S.2d 872; Linden v. Moskowitz, 294 A.D.2d 114, 115-116). In any event, there was no showing that vacatur was warranted under the well-known standard insulating arbitral awards from disturbance on grounds of legal or factual error (see e.g. Lee v. Omni Berkshire Place Hotel, 302 A.D.2d 286, 753 N.Y.S.2d 838; Azrielant v. Azrielant, 301 A.D.2d 269, 752 N.Y.S.2d 19,lv denied 99 N.Y.2d 509, 2003 N.Y. LEXIS 292). Finally, in light of her participation at the arbitration hearing, there is no merit to the client's claims she agreed only to mediation, but not arbitration, and was not provided with proper notice of the arbitration rules.

Contrary to appellant's contention, the arbitration award did not violate public policy.

We have considered appellant's other contentions and find them unavailing.

Motion seeking leave to strike brief denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Djeddah v. Starr

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 2003
759 N.Y.S.2d 680 (N.Y. App. Div. 2003)
Case details for

Djeddah v. Starr

Case Details

Full title:RACHEL DJEDDAH, Petitioner-Appellant, v. ROBERT S. STARR…

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

Date published: Jun 5, 2003

Citations

759 N.Y.S.2d 680 (N.Y. App. Div. 2003)
759 N.Y.S.2d 680

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