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MATTER OF 64 FULTON ST. DEV.

240 A.D.2d 226 (1997)

658 N.Y.S.2d 611

In the Matter of the Arbitration between 64 Fulton St. Development, Also Known as 64 Fulton Seaport Associates, et al., Respondents, and Marinelli Associates, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 12, 1997

There is no merit to respondent's claim that the petition was untimely as it was not made within 20 days of respondent's November 27, 1995 letter. Even if that letter had been recognized by the arbitrator as an American Arbitration Association rule 8 amendment of respondent's original demand for an accounting to include claims of fraud and breach of fiduciary duty, it did not contain the 20-day notice required by CPLR 7503 (c), and was therefore ineffective to commence the...

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