Legal Opinion
In re the Arbitration between FIA Card Services, N.A. & Polley
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2009Published
1Opinion of the Court
*1760Memorandum: Petitioner commenced this proceeding pursuant to CPLR article 75 to confirm an arbitration award that directed respondent to pay petitioner $14,926.28 for an outstanding credit card balance. Supreme Court erred in dismissing the petition and instead should have granted the petition and confirmed the award. Pursuant to CPLR 7510, “[t]he court shall confirm an award upon application of a party made within one year after its delivery to [it], unless the award is vacated or modified upon a ground specified in section 7511” (emphasis added). Contrary to respondent's contention,…
2Cases cited4 opinions
- Tsadilas v. Providian National BankAppellate Division of the Supreme Court of the State of New York · 2004
- Fodor v. MBNA America Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2006
- Feder v. Fortunoff, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- New York Central Mutual Fire Insurance v. State Farm InsuranceAppellate Division of the Supreme Court of the State of New York · 1996