Legal Opinion

5 Brothers, Inc. v. D.C.M. of New York, LLC

New York Supreme Court

Decided February 13, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Carolyn E. Demarest, J.

In this action, general contractor D.C.M. of New York, LLC moves to vacate an arbitration award rendered in favor of subcontractor Vintage Flooring & Tile Inc. Under a separate index number, Vintage moves to confirm the arbitration award.

Background

The underlying disputes stem from a construction improvement project for Best Buy retail store at Kings Plaza Mall. DCM, the general contractor for the project, entered into agreements with various subcontractors, including Vintage, for materials and work to be performed on the project.

The Arbitration…

2Cases cited18 opinions

  1. Mount St. Mary's Hospital v. CatherwoodNew York Court of Appeals · 1970
  2. Smith Barney Shearson Inc. v. SacharowNew York Court of Appeals · 1997
  3. New York City Transit Authority v. Transport Workers' Union of AmericaNew York Court of Appeals · 2005
  4. Goldfinger v. LiskerNew York Court of Appeals · 1986
  5. In re the Arbitration between Kowaleski & New York State Department of Correctional ServicesNew York Court of Appeals · 2010

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