Pasternack v. Capozzoli’s Pizzeria
Lawrence Pasternack appeals from a judgment entered after the trial court confirmed an arbitration award in favor of respondents Charles J. Capozzoli and Capozzoli's Pizzeria & Restaurant, Inc. (CPRI). Pasternack contends the court should have vacated the arbitration award because the arbitrator erroneously failed to consider additional evidence he had presented between the issuance of the arbitrator's "interim award" and the final arbitration award. Pasternack alternatively claims the final arbitration award was gained through fraud, corruption or other undue means. Charles Capozzoli cross-appeals, contending the court erred because after it issued a judgment that included respondents' requested prejudgment interest, the court issued an unauthorized "amended judgment" withdrawing the prejudgment interest award. We affirm the decision to confirm the arbitration award, but reverse the trial court's May 27, 2011 amended judgment and remand the matter with directions set forth below.
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