Preview
FILED: SUFFOLK COUNTY CLERK 02/16/2024 01:16 PM INDEX NO. 604282/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/16/2024
STATE OF NEW YORK
SUPREME COURT : COUNTY OF SUFFOLK
_____________________________________________
MUNESH RAMNANI,
Petitioner,
For an Order Pursuant to Article 75 of the CPLR
Confirming an Arbitration Award Index No. __________
-against-
MALCOLM ROBERTS & ASSOCIATES, INC.
d/b/a ISC Coverage and ROBERT JOHNSON, JR.,
Respondents.
_____________________________________________
MEMORANDUM OF LAW IN SUPPORT OF
VERIFIED PETITION TO CONFIRM ARBITRATION AWARD
HARRIS BEACH PLLC
Daniel R. LeCours
Deana J. DiBenedetto
677 Broadway, Suite 1101
Albany, New York 12207
Tel: (518) 701-2749
Fax: (518) 427-0235
dlecours@harrisbeach.com
ddibenedetto@harrisbeach.com
Attorneys for the Petitioner
1 of 5
FILED: SUFFOLK COUNTY CLERK 02/16/2024 01:16 PM INDEX NO. 604282/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/16/2024
PRELIMINARY STATEMENT
The Petitioner Munesh Ramnani (hereinafter the “Petitioner”), by and through its
attorneys Harris Beach PLLC, hereby submits this Memorandum of Law in support of its
application pursuant to Article 75 of the New York Civil Practice Law and Rules (“CPLR”) for
an order and judgment confirming an award rendered in an arbitration proceeding between
Petitioner and Respondents Malcolm Roberts & Associates, Inc. d/b/a ISC Coverage
(hereinafter, “ISC Coverage”) and Robert Johnson, Jr. (“Johnson”) (collectively,
“Respondents”).
The full facts and circumstances underlying Petitioner’s application are set forth in its
Verified Petition, dated February 15, 2024; and in the Attorney Affirmation of Daniel R.
LeCours, sworn to on February 15, 2024, and all of the papers and exhibits annexed thereto; and
in the interest of brevity are not repeated here.
ARGUMENT
POINT I
PETITIONER IS ENTITLED TO CONFIRMATION OF
THE ARBITRATION AWARD.
New York law states that: “The court shall confirm an award upon application of a party
made within one year after its delivery to him, unless the award is vacated or modified upon a
ground specified in section 7511” (CPLR 7510; see also Bernstein Family Ltd. P'ship v
Sovereign Partners, L.P., 66 AD3d 1, 5 [2009] [“we are directed unequivocally by CPLR 7510
to confirm an arbitration award if a timely application is made whenever the award is not vacated
or modified under CPLR 7511”]). In addition, “[a] judgment shall be entered upon confirmation
of an award.” CPLR 7514.
2 of 5
FILED: SUFFOLK COUNTY CLERK 02/16/2024 01:16 PM INDEX NO. 604282/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/16/2024
The Petitioner and Respondents had an agreement to arbitrate, entered into on July 7,
2022. Both the Settlement Agreement and Promissory Note entered by the parties incorporated
by reference “the terms set forth in Article 17 of the Shareholders Agreement executed by the
parties on or about January 13, 2021” (see Petition, Ex. A, Settlement Agreement ¶ 16;
Promissory Note ¶ 14). The referenced Shareholders Agreement requires arbitration of all
disputes pursuant to final and binding arbitration (see Petition, Ex. B, Article 17). Pursuant to
those agreements, the parties engaged in arbitration regarding, among other things, Respondents’
breaches of the Settlement Agreement and Promissory Note (Petition, ¶¶ 11-12). After the
conduct of discovery, a two-day arbitration hearing was held on November 15-16, 2023 before
Arbitrator Maureen Beyers, with all parties presenting witness and evidence in a full and fair
process (id. at ¶¶ 13-15). On or about February 5, 2024, after issuing a reasoned Partial Final
Award (Petition, Ex. C), Arbitrator Maureen Beyers issued a reasoned Final Award:
1. Finding Respondents liable, jointly and severally, to Petitioner “in the principal sum of
$353,580.13, together with interest thereon in the sum of $14,586.39 through November
15, 2023, for a total amount due to [Petitioner] of $368,166.52 on [Petitioner’s] breach of
contract claim.”
2. Declaring and adjudging “that any action by Oak Street Funding, LLC against Claimant
to enforce the terms of a loan to ISC and Claimant dated April 15, 2021 is covered by the
July 7, 2022 Settlement Agreement between Claimant and Respondents, and Respondents
are required to defend and indemnify Claimant in connection with any such action.”
3. Awarding Petitioner “the additional amount of $107,572.50 in attorneys’ fees and
$14,482.04 in costs (exclusive of AAA fees and Arbitrator compensation) for a total
amount of $122,054.54.”
4. Determining that “the administrative fees and expenses of the AAA totaling $16,500.00
and the compensation of the Arbitrator totaling $27,720.00 shall be borne by
Respondents, jointly and severally,” requiring Respondents to reimburse Petitioner “the
additional sum of $22,110.00 representing that portion of said fees in excess of the
apportioned costs previously incurred and paid by [Petitioner].”
See Petition, Ex. D.
2
3 of 5
FILED: SUFFOLK COUNTY CLERK 02/16/2024 01:16 PM INDEX NO. 604282/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/16/2024
The Petition is timely because the application was made within one year after the delivery
of the Final Award, and the Final Award has not been vacated or modified upon a ground
specified in CPLR 7511. Accordingly, Petitioner has established the elements necessary to
confirm the Final Award in all respects.
Finally, any objection to the confirmation of the Final Award has been waived by
Respondents and the entry of judgment has been consented to. The parties’ Shareholders
Agreement entered on January 13, 2021, incorporated by reference in the Settlement Agreement
and the Promissory Note, provides:
Any party against whom the arbitrators’ award shall be issued shall not, in any
manner, oppose or defend against any suit to confirm such award, or any
enforcement proceedings brought against such party, whether within or outside of
the United States, with respect to any judgment entered upon the award, and such
party hereby consents to the entry of a judgment against such party, in the full
amount thereof, or other relief granted therein, in any court of competent
jurisdiction in which such enforcement is sought.
See Ex. B, at Article 17 (emphasis added).
CONCLUSION
Based on the foregoing Petitioner respectfully requests that the court grant its Petition
and issue and order confirming the Final Award pursuant to CPLR 7510 and enter a judgement
thereon pursuant to CPLR 7514, together with such other and further relief as may be just and
proper.
Dated: February 15, 2024
Albany, New York HARRIS BEACH PLLC
By: /s/ Daniel R. LeCours
Daniel R. LeCours
Deana J. DiBenedetto
677 Broadway, Suite 1101
Albany, New York 12207
Tel: (518) 701-2749
Fax: (518) 427-0235
3
4 of 5
FILED: SUFFOLK COUNTY CLERK 02/16/2024 01:16 PM INDEX NO. 604282/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/16/2024
dlecours@harrisbeach.com
ddibenedetto@harrisbeach.com
Attorneys for the Petitioner
4
417573\4862-0257-6549\.v1
5 of 5
Preview
FILED: SUFFOLK COUNTY CLERK 02/16/2024 01:16 PM INDEX NO. 604282/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/16/2024 STATE OF NEW YORK SUPREME COURT : COUNTY OF SUFFOLK _____________________________________________ MUNESH RAMNANI, Petitioner, For an Order Pursuant to Article 75 of the CPLR Confirming an Arbitration Award Index No. __________ -against- MALCOLM ROBERTS & ASSOCIATES, INC. d/b/a ISC Coverage and ROBERT JOHNSON, JR., Respondents. _____________________________________________ MEMORANDUM OF LAW IN SUPPORT OF VERIFIED PETITION TO CONFIRM ARBITRATION AWARD HARRIS BEACH PLLC Daniel R. LeCours Deana J. DiBenedetto 677 Broadway, Suite 1101 Albany, New York 12207 Tel: (518) 701-2749 Fax: (518) 427-0235 dlecours@harrisbeach.com ddibenedetto@harrisbeach.com Attorneys for the Petitioner 1 of 5 FILED: SUFFOLK COUNTY CLERK 02/16/2024 01:16 PM INDEX NO. 604282/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/16/2024 PRELIMINARY STATEMENT The Petitioner Munesh Ramnani (hereinafter the “Petitioner”), by and through its attorneys Harris Beach PLLC, hereby submits this Memorandum of Law in support of its application pursuant to Article 75 of the New York Civil Practice Law and Rules (“CPLR”) for an order and judgment confirming an award rendered in an arbitration proceeding between Petitioner and Respondents Malcolm Roberts & Associates, Inc. d/b/a ISC Coverage (hereinafter, “ISC Coverage”) and Robert Johnson, Jr. (“Johnson”) (collectively, “Respondents”). The full facts and circumstances underlying Petitioner’s application are set forth in its Verified Petition, dated February 15, 2024; and in the Attorney Affirmation of Daniel R. LeCours, sworn to on February 15, 2024, and all of the papers and exhibits annexed thereto; and in the interest of brevity are not repeated here. ARGUMENT POINT I PETITIONER IS ENTITLED TO CONFIRMATION OF THE ARBITRATION AWARD. New York law states that: “The court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified upon a ground specified in section 7511” (CPLR 7510; see also Bernstein Family Ltd. P'ship v Sovereign Partners, L.P., 66 AD3d 1, 5 [2009] [“we are directed unequivocally by CPLR 7510 to confirm an arbitration award if a timely application is made whenever the award is not vacated or modified under CPLR 7511”]). In addition, “[a] judgment shall be entered upon confirmation of an award.” CPLR 7514. 2 of 5 FILED: SUFFOLK COUNTY CLERK 02/16/2024 01:16 PM INDEX NO. 604282/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/16/2024 The Petitioner and Respondents had an agreement to arbitrate, entered into on July 7, 2022. Both the Settlement Agreement and Promissory Note entered by the parties incorporated by reference “the terms set forth in Article 17 of the Shareholders Agreement executed by the parties on or about January 13, 2021” (see Petition, Ex. A, Settlement Agreement ¶ 16; Promissory Note ¶ 14). The referenced Shareholders Agreement requires arbitration of all disputes pursuant to final and binding arbitration (see Petition, Ex. B, Article 17). Pursuant to those agreements, the parties engaged in arbitration regarding, among other things, Respondents’ breaches of the Settlement Agreement and Promissory Note (Petition, ¶¶ 11-12). After the conduct of discovery, a two-day arbitration hearing was held on November 15-16, 2023 before Arbitrator Maureen Beyers, with all parties presenting witness and evidence in a full and fair process (id. at ¶¶ 13-15). On or about February 5, 2024, after issuing a reasoned Partial Final Award (Petition, Ex. C), Arbitrator Maureen Beyers issued a reasoned Final Award: 1. Finding Respondents liable, jointly and severally, to Petitioner “in the principal sum of $353,580.13, together with interest thereon in the sum of $14,586.39 through November 15, 2023, for a total amount due to [Petitioner] of $368,166.52 on [Petitioner’s] breach of contract claim.” 2. Declaring and adjudging “that any action by Oak Street Funding, LLC against Claimant to enforce the terms of a loan to ISC and Claimant dated April 15, 2021 is covered by the July 7, 2022 Settlement Agreement between Claimant and Respondents, and Respondents are required to defend and indemnify Claimant in connection with any such action.” 3. Awarding Petitioner “the additional amount of $107,572.50 in attorneys’ fees and $14,482.04 in costs (exclusive of AAA fees and Arbitrator compensation) for a total amount of $122,054.54.” 4. Determining that “the administrative fees and expenses of the AAA totaling $16,500.00 and the compensation of the Arbitrator totaling $27,720.00 shall be borne by Respondents, jointly and severally,” requiring Respondents to reimburse Petitioner “the additional sum of $22,110.00 representing that portion of said fees in excess of the apportioned costs previously incurred and paid by [Petitioner].” See Petition, Ex. D. 2 3 of 5 FILED: SUFFOLK COUNTY CLERK 02/16/2024 01:16 PM INDEX NO. 604282/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/16/2024 The Petition is timely because the application was made within one year after the delivery of the Final Award, and the Final Award has not been vacated or modified upon a ground specified in CPLR 7511. Accordingly, Petitioner has established the elements necessary to confirm the Final Award in all respects. Finally, any objection to the confirmation of the Final Award has been waived by Respondents and the entry of judgment has been consented to. The parties’ Shareholders Agreement entered on January 13, 2021, incorporated by reference in the Settlement Agreement and the Promissory Note, provides: Any party against whom the arbitrators’ award shall be issued shall not, in any manner, oppose or defend against any suit to confirm such award, or any enforcement proceedings brought against such party, whether within or outside of the United States, with respect to any judgment entered upon the award, and such party hereby consents to the entry of a judgment against such party, in the full amount thereof, or other relief granted therein, in any court of competent jurisdiction in which such enforcement is sought. See Ex. B, at Article 17 (emphasis added). CONCLUSION Based on the foregoing Petitioner respectfully requests that the court grant its Petition and issue and order confirming the Final Award pursuant to CPLR 7510 and enter a judgement thereon pursuant to CPLR 7514, together with such other and further relief as may be just and proper. Dated: February 15, 2024 Albany, New York HARRIS BEACH PLLC By: /s/ Daniel R. LeCours Daniel R. LeCours Deana J. DiBenedetto 677 Broadway, Suite 1101 Albany, New York 12207 Tel: (518) 701-2749 Fax: (518) 427-0235 3 4 of 5 FILED: SUFFOLK COUNTY CLERK 02/16/2024 01:16 PM INDEX NO. 604282/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/16/2024 dlecours@harrisbeach.com ddibenedetto@harrisbeach.com Attorneys for the Petitioner 4 417573\4862-0257-6549\.v1 5 of 5