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United States District Court for the Western District of New York
May 17, 2010, Decided; May 17, 2010, Filed
DECISION AND ORDER
Before this Court is a motion to confirm an arbitration award and a cross-motion to vacate the same arbitration award. The award stems from a dispute going back to 1999 when John Petrie and Teri Petrie (the "Petries" and/or "petitioners") as well as Delphi Corporation ("Delphi") contracted with Clark Moving & Storage, Inc. ("Clark Moving" and/or "respondent") to store and ship the Petries' household goods. The underlying dispute was initially handled in Monroe County Supreme Court. The case proceeded with discovery and then to arbitration pursuant to the terms of the contract issued by Clark Moving. The arbitrator issued an award favorable to the Petries. Thereafter, the Petries filed a Petition to Confirm the arbitration award in Monroe County Supreme Court. The case was removed to this Court without objection [*2] and Clark Moving filed a cross-motion to vacate the arbitration award. Under a limited standard of review, this Court cannot disturb the arbitrator's award unless Clark Moving proves by clear and convincing evidence that the award is premised on a manifest disregard of the law. I find that the arbitration award is confirmed and the remaining question of whether to award interest remains with the parties.
In 1999, John and Teri Petrie, along with John's employer, Delphi Corporation, planned to have Clark Moving move the Petries' household goods from their home in Pittsford, New York, to a storage facility in Rochester under the control of Clark Moving. Under this arrangement, Clark Moving packed and stored over 28,000 pounds of the Petries' household goods. The contract signed by the Petries insured the goods at a rate of $.60 per pound per item. Delphi's agent, GMAC Relocation Services, informed Clark that they would not pay for a higher valuation. The actual values of the goods equals approximately $ 500,000. Deplhi paid the storage costs until June 2002.
Sometime in 2001, a leak developed at the storage facility causing extensive damage to the Petries' household goods. [*3] In 2003, the Petries' arranged for Clark Moving to move the household goods to their new residence in Michigan. When the goods arrived in Michigan, the Petries discovered their household goods had mold and water damage.
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2010 U.S. Dist. LEXIS 48460 *; 2010 WL 1965801
In the Matter of the Arbitration of Certain Controversies Between John Petrie, Teri Petrie and Delphi Corporation, Petitioners, v. Clark Moving & Storage, Inc., Respondent.
arbitrator, arbitration award, confirmed, parties, storage, vacate, commerce, household goods, Carmack Amendment, Manifest, grounds, interstate commerce, carrier, pound