Legal Opinion

Matter of Arbitration Between Gleason & Michael Vee, Ltd.

New York Court of Appeals

Decided May 1, 2001PublishedCited by 93 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

In Matter of Solkav Solartechnik, G.m.b.H. (Besicorp Group) (91 NY2d 482), we held that when a pre-arbitration special proceeding ends in a final judgment, a new proceeding must be commenced to confirm an arbitration award, and we invited the Legislature to amend CPLR 7502 (a) if it intended otherwise. The Legislature responded promptly with CPLR 7502 (a) (iii), which provides that: “Notwithstanding the entry of judgment, all subsequent applications shall be made by motion in the special proceeding or action in which the first application was made.” This appeal…

2Cases cited6 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. People v. OliverNew York Court of Appeals · 1956
  3. Becker v. Huss Co.New York Court of Appeals · 1978
  4. Brothers v. FlorenceNew York Court of Appeals · 2000
  5. Matter of OnBank & Trust Co.New York Court of Appeals · 1997

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3Cited by93 opinions

  1. Matter of Marino S.New York Court of Appeals · 2003
  2. Nastasi v. NastasiAppellate Division of the Supreme Court of the State of New York · 2005
  3. CFCU Community Credit Union v. HaywardCourt of Appeals for the Second Circuit · 2009
  4. Nelson v. HSBC Bank USAAppellate Division of the Supreme Court of the State of New York · 2011
  5. 1256 Hertel Avenue Associates, LLC v. CallowayCourt of Appeals for the Second Circuit · 2014

88 more not listed; retrieve them via the Exa API.

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