In re the Arbitration between General Motors Corp. & Gurau

Appeal from an order of the Supreme Court (Giardino, J.), entered July 25, 2005 in Schenectady County, which, inter alia, granted petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award.

In 2003, respondent purchased a new Cadillac Deville and several months thereafter began encountering a loud ticking noise from the engine when the vehicle was cold started. According to respondent, the noise was quite pronounced and could last up to 15 minutes. Six repair attempts were made to remedy the problem between January 12, 2004 and June 1, 2004. In July 2004, respondent sought…