NO BASIS FOR INCREASE WAS PROFFERED
After mandatory arbitration in a small claims case, which alleged contract breach by the defendant, SS-F sought to increase the award in her favor from $500 to $5000.
And after the Suffolk County District Court denied that request – on the grounds that “no timely demand for trial de novo” had been filed – SS-F appealed.
On its review of the record, the Appellate Term, Second Department, noted that arbitration awards may only be modified on limited grounds (which weren’t applicable here), or after a request for a new trial is timely filed (within 30 days or 35 (if notice of the award is sent by mail)). While SS-F contended that she made a new trial request, the record did not reflect such a filing.
Given that lapse, and the lack of a legal basis to increase the award, the AT2 affirmed the outcome.
That was far from awarding ….
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DECISION