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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46924 Judge Pardes IN RESPONSE to petitioner’s motion to confirm an arbitrator’s award, respondent sought its vacatur under Civil Practice Law and Rules �7511. Countering claims that her vacatur motion was untimely, respondent argued that she never received a notice of intent to arbitrate or delivery of the award. She also denied signing an agreement to arbitrate with respect to her contract with the petitioner. The court vacated the award. Finding that petitioner’s evidence as to the delivery of the award referred to a delivery to the respondent three months prior to the award, the court ruled that petitioner failed to show that respondent’s time to move to vacate the award under CPLR �7511(a) had lapsed. Finding that petitioner failed to submit evidence that respondent was served with notice of the arbitration hearing, the court determined that the failure to serve notice of intent to arbitrate was a violation of the procedures of CPLR �7506(b) and constituted grounds for vacating the award under CPLR �7511(b)(2)(i).

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