13 New York Civil Practice: CPLR P 7511.00

Summary

CPLR 7511 provides the procedure for vacating or modifying an arbitration award. CPLR 7511(a) requires that an “application” to vacate or modify an arbitration award be made within 90 days after its delivery to the aggrieved party.1 The application must take the form of a special proceeding if it is the first time judicial relief is sought in the context of the arbitrable controversy.2 If there has been a prior application to the court in the particular arbitration, a motion to vacate or modify should be made in the particular action or special proceeding that generated the first application for judicial relief.3

As an alternative, a party aggrieved by an arbitration award can raise the grounds in CPLR 7511 to oppose a motion to confirm the award under CPLR 7510.4 The grounds can be raised in opposition to the motion to confirm even if a motion under CPLR 7511 would ...