Benedict F. Morelli & Associates, P.C. v. Shainwald

The record does not support appellant’s contention that the arbitrators’ allocation of arbitration fees, appointment of an accountant at appellant’s expense and denial of appellant’s claim for disbursements were punitive. Such claim is speculative in this case. Assuming that a “punitive” award would have been improper, the “mere possibility” that the award was punitive is not a basis for disturbing it (see Matter of West Side Lofts [Sentry Contr.], 300 AD2d 130, 130 [2002]). Indeed, an award should be vacated on this ground “only where the damages are genuinely intended to be punitive” (Board…