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Andonian v. Soleimani

Award Confirmation Case Remanded; Court Lacks Jurisdiction, 'Burford' Abstention Proper

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OPINION AND ORDER Before the Court is Petitioner’s motion to remand the matter to the Supreme Court of the State of New York, County of New York. For the reasons stated herein, the motion is GRANTED and the case is REMANDED. BACKGROUND On June 13, 2023, Petitioner Bergi Andonian (“Petitioner” or “Andonian”) filed a petition for corporate dissolution of Renaissance Carpet & Tapestries Inc. (“RCT”) pursuant to Business Corporation Law (“BCL”) Section 1104-a and common law, in New York County Supreme Court. ECF No. 1-3 (“Pet.”). Petitioner also seeks a surcharge, an appointment of a receiver and an accounting, and brings claims for breach of fiduciary duty, conversion and unjust enrichment. Id. As of the date of the filing of the Petition, Petitioner held 45 percent of all outstanding shares of RCT, with the other 55 percent owned by Jan and Jeffrey Soleimani (together, “Respondents” or “Soleimanis”). Id.

1-3, 10. Over four years ago, on October 30, 2019, Petitioner served a demand for arbitration against the Respondents relating to the “distribution and divisions of assets as the parties mutually wind down RCT and their business relationship.” Id. 25. The arbitrator (“Arbitrator”) issued an award on January 7, 2021 and a modified award on February 26, 2021. Id.

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