Legal Opinion

FIA Card Services, N.A. v. Hamilton

Appellate Division of the Supreme Court of the State of New York

Decided November 30, 2010Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 75 to confirm an arbitration award dated October 25, 2006, the appeal is from an order of the Supreme Court, Queens County (Siega!, J.), entered July 1, 2009, which granted the petition.

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that a notice of arbitration was properly served upon the appellant by common carrier in accordance with the rules of the arbitration forum and CPLR article 75. The appellant’s conclusory assertion that she never received the notice was insufficient to rebut the…

2Cases cited3 opinions

  1. Tsadilas v. Providian National BankAppellate Division of the Supreme Court of the State of New York · 2004
  2. Fodor v. MBNA America Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2006
  3. In re the Arbitration between State Farm Mutual Automobile Insurance & KankamAppellate Division of the Supreme Court of the State of New York · 2004

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