Legal Opinion

Jonathan Hakala v. Deutsche Bank Ag (Formerly Bankers Trust Corp.), Deutsche Bank Alex. Brown, Inc. (Formerly Bt Securities, Inc.)

Court of Appeals for the Second Circuit

Decided September 5, 2003No. Docket 02-7501PublishedCited by 23 opinions

1Opinion of the Court

LEVAL, Circuit Judge.

Plaintiff Jonathan Hakala appeals from the dismissal by the United States District Court for the Southern District of New York (Constance B. Motley, Judge) of his petition to vacate an arbitration award by reason of untimeliness under N.Y. C.P.L.R. § 7511(a). That statute provides,

An application to vacate or modify an [arbitration] award may be made by a party within ninety days after [its] delivery to him.

Hakala contends that because an earlier timely filing of his action was dismissed for a curable procedural irregularity, N.Y. C.P.L.R. § 205(a) allowed him to refile…

2Cases cited8 opinions

  1. Lane v. PenaSupreme Court of the United States · 1996
  2. Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
  3. Emil Aslanidis v. United States Lines, Inc., United States Lines (s.a.), Inc., United States Lines, Inc., Reorganization Trust, United States Lines (s.a.), Inc., Reorganization Trust, Emil Aslanidis v. Brandeis Intsel & Co., Inc., Brandeis Division of Pechiney World Trade Usa, Inc., John Doe I, John Doe Ii, John Doe Iii, Samancor, Ltd., South African Container Depots, Ltd. And Rennies Freight Services, Ltd., Brandeis Intsel & Co., Inc. And Brandeis Division of Pechiney World Trade Usa, Inc., Third-Party-Plaintiffs v. Samancor, Ltd., South African Container Depots, Ltd. And Rennies Freight Services, Ltd., Third-Party-DefendantsCourt of Appeals for the Second Circuit · 1993
  4. Gaines v. . City of New YorkNew York Court of Appeals · 1915
  5. Yonkers Contracting Co. v. Port Authority Trans-Hudson Corp.New York Court of Appeals · 1999

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3Cited by23 opinions

  1. Goldstein v. New York State Urban Development Corp.New York Court of Appeals · 2009
  2. Tachiona v. United StatesCourt of Appeals for the Second Circuit · 2004
  3. Reed v. Medford Fire Department, Inc.District Court, E.D. New York · 2011
  4. Reliance Insurance Company v. Polyvision CorporationCourt of Appeals for the Second Circuit · 2007
  5. Krause v. Titleserv, Inc.Court of Appeals for the Second Circuit · 2005

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