Legal Opinion
In re Arbitration between Lowe & Erie Insurance
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 2008PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Centra, J.
I
The straightforward but apparent issue of first impression in an appellate court in New York is whether the 90-day statute of limitations set forth in CPLR 7511 (a) begins to run on the date on which the arbitrator’s decision was mailed to petitioner or the date on which it was received by petitioner or his or her agent. We conclude that the operative measuring date is the date on which the decision was received by the petitioner or his or her agent, and we therefore conclude that this proceeding was timely commenced.
II
The undisputed facts establish that…
2Cases cited10 opinions
- Bianca v. FrankNew York Court of Appeals · 1977
- Case v. Monroe Community CollegeNew York Court of Appeals · 1997
- Malatestinic v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1987
- Werner Enterprises Co. v. New York City Law DepartmentAppellate Division of the Supreme Court of the State of New York · 2001
- McRae v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by1 opinion
- Milk Wagon Drivers & Dairy Employees v. Elmhurst Dairy, Inc.District Court, E.D. New York · 2014