Justice David Schmidt
Wertzberger sought leave to reargue this court’s prior decision, and upon same, vacating the order. Muller previously moved to confirm an arbitration award issued by the Rabbinical Court (Beth Din). The Beth Din issued a ruling awarding Muller $493,000 against Wertzberger. Muller sought to confirm the award and Wertzberger opposed arguing it was incomplete and non-final as the Beth Din left the case open for a future determination regarding principal and interest still owed. The court dismissed Wertzberger’s claim the Beth Din exceeded its authority by imposing liability on Royal Water Marketing Co. (RWMC) as it ruled RWMC was a signatory to the arbitration agreement. By stipulation, Muller agreed to accept $493,000 in full settlement, and the court granted his motion to confirm the arbitration award. Here, the court found it did not misapprehend the facts or misapply the law when it provided Muller with an option accepting the arbitration award as a final ruling or face denial of his application to confirm the award. Also, as Wertzberger raised a new argument regarding RWMC, not previously advanced, this argument could not serve as the basis of a motion to reargue. Hence, the motion was denied entirely.
