N.Y. CPLR § 7502

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7502 Applications to the court; venue; statutes of limitation;provisional remedies § 7502. Applications to the court; venue; statutes of limitation;provisional remedies. (a) Applications to the court; venue. A specialproceeding shall be used to bring before a court the first applicationarising out of an arbitrable controversy which is not made by motion ina pending action.(i) The proceeding shall be brought in the court and county specifiedin the agreement. If the name of the county is not specified,proceedings to stay or bar arbitration shall be brought in the countywhere the party seeking arbitration resides or is doing business, andother proceedings affecting arbitration are to be brought in the countywhere at least one of the parties resides or is doing business or wherethe arbitration was held or is pending.(ii) If there is no county in which the proceeding may be broughtunder paragraph (i) of this subdivision, the proceeding may be broughtin any county.(iii) Notwithstanding the entry of judgment, all subsequentapplications shall be made by motion in the special proceeding or actionin which the first application was made.(iv) If an application to confirm an arbitration award made within theone year as provided by section seventy-five hundred ten of thisarticle, or an application to vacate or modify an award made within theninety days as provided by subdivision (a) of section seventy-fivehundred eleven of this article, was denied or dismissed solely on theground that it was made in the form of a motion captioned in an earlierspecial proceeding having reference to the arbitration instead of as adistinct special proceeding, the time in which to apply to confirm theaward and the time in which to apply to vacate or modify the award may,notwithstanding that t arbitration instead of as adistinct special proceeding, the time in which to apply to confirm theaward and the time in which to apply to vacate or modify the award may,notwithstanding that the applicable period of time has expired, be madeat any time within ninety days after the effective date of thisparagraph, and may be made in whatever form is appropriate (motion orspecial proceeding) pursuant to this subdivision.(b) Limitation of time. If, at the time that a demand for arbitrationwas made or a notice of intention to arbitrate was served, the claimsought to be arbitrated would have been barred by limitation of time hadit been asserted in a court of the state, a party may assert thelimitation as a bar to the arbitration on an application to the court asprovided in section 7503 or subdivision (b) of section 7511. The failureto assert such bar by such application shall not preclude its assertionbefore the arbitrators, who may, in their sole discretion, apply or notapply the bar. Except as provided in subdivision (b) of section 7511,such exercise of discretion by the arbitrators shall not be subject toreview by a court on an application to confirm, vacate or modify theaward.(c) Provisional remedies. The supreme court in the county in which anarbitration is pending or in a county specified in subdivision (a) ofthis section, may entertain an application for an order of attachment orfor a preliminary injunction in connection with an arbitration that ispending or that is to be commenced inside or outside this state, whetheror not it is subject to the United Nations convention on the recognitionand enforcement of foreign arbitral awards, but only upon the groundthat the award to which the applicant may be entitled may be renderedineffectual without such provisional relief. The provisions of articles62 and 63 of this chapter shall apply to the application, includingthose relating licant may be entitled may be renderedineffectual without such provisional relief. The provisions of articles62 and 63 of this chapter shall apply to the application, includingthose relating to undertakings and to the time for commencement of anaction (arbitration shall be deemed an action for this purpose), exceptthat the sole ground for the granting of the remedy shall be as statedabove. If an arbitration is not commenced within thirty days of thegranting of the provisional relief, the order granting such relief shallexpire and be null and void and costs, including reasonable attorney'sfees, awarded to the respondent. The court may reduce or expand thisperiod of time for good cause shown. The form of the application shallbe as provided in subdivision --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only (a) of this section. CPLR § 7502 Page 2