Q: A lawsuit in New York state supreme court involving 10 people.
A lawsuit in New York Supreme Court. The judge rules to send the lawsuit into arbitration. After three years the arbitrator's rule on what each individual will receive. One of the individuals in a lawsuit is not happy with what he is going to receive. Does that individual have any rights to challenge the arbitrator award or to bring legal action against the lawyers that represented him?
A: This is something best answered by the attorney, with the benefit of having the file, arbitration decision and its terms, and any accompanying agreements. As far as the attorney's role, they apply their zealous efforts in presenting relevant evidence, well-formulated arguments, and complying with arbitrator's demand for follow-up materials, if any. The outcome generally hinges upon the decision made by the arbitrator and is not usually something within the control of plaintiff attorneys. Good luck
A: The individual who is unhappy with the arbitrator's award could move to vacate or modify the arbitrator's award. The CPLR sets forth the various ways in which that can be done, https://law.justia.com/codes/new-york/2014/cvp/article-75/7511/ That said, absent some impropriety on the part of the arbitrator, it is unlikely that the arbitrator's decision will be set aside. Arbitration awards are almost always upheld by the Court. Also, keep in mind that any application to set aside the arbitrator's award must be made within 90 days of the decision.
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