In re General Motors Corp.

Appeal from a judgment of the Supreme Court (Benza, J.), entered November 8, 2004 in Albany County, which, inter alia, partially granted petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award.

Following arbitration of respondent’s New Car Lemon Law claim, an arbitrator found in his favor and directed petitioner to refund him more than $30,000. In this CPLR article 75 proceeding to vacate this award, petitioner argued, and Supreme Court agreed, that the arbitrator applied an improper interpretation to General Business Law § 198-a (d) (1) in determining that respondent was…