No Electrical Outlets on Walls

Tenant sued landlord in small claims court to recover $2,060 paid to landlord to rent an apartment for her mother. After making the payment, tenant discovered that there were no electrical outlets on the apartment's walls. She demanded a refund and landlord refused. The court arbitrator awarded tenant $1,000, and tenant asked the court to vacate the arbitrator's decision. The court ruled against tenant. She appealed and lost. The only grounds for vacating an arbitrator's ruling are miscalculation of figures, that the award was based on information not submitted to the arbitrator, or that the form of the award was improper. None of these factors were present here. The parties agreed to submit the case to binding arbitration, and there was no basis to vacate the arbitrator's order.

Vigh v. Jeremias: NYLJ, 5/22/06, p. 49, col. 4 (App. T. 2 Dept.; Golia, JP, Rios, Belen, JJ)