Legal Opinion
Widelec v. Silberstein
Civil Court of the City of New York
Decided April 9, 2001Published
1Opinion of the Court
OPINION OF THE COURT
Kevin J. Kerrigan, J.
May a defaulting defendant who failed to appear and participate in a small claims arbitration have the subsequent award vacated without establishing the necessary grounds for vacatur *854pursuant to CPLR 7511? For the reasons stated below, this Court answers the question in the affirmative.
This small claims1 action arises from a motor vehicle accident which occurred on June 1, 2000. On August 28, 2000, Widelec and defendant Silberstein, with his counsel, were the only parties who appeared for trial. Both Widelec and Silberstein’s counsel signed a written…
2Cases cited10 opinions
- Apuzzo v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 1983
- Apuzzo v. County of UlsterNew York Court of Appeals · 1984
- Perez v. Linshar Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Lirit Corp. v. S. H. Laufer Vision World, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Bell v. Toothsavers, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
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