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MATTER OF SOLKAV SOLARTECHNIK (BESICORP GROUP)

91 N.Y.2d 482 (1998)

695 N.E.2d 707

672 N.Y.S.2d 838

In the Matter of the Arbitration between Solkav Solartechnik, G.m.b.H., Appellant, and Besicorp Group Inc., as Successor in Interest to Bio-Energy Systems, Inc., Respondent.

Court of Appeals of the State of New York.

Decided May 12, 1998.

Attorney(s) appearing for the Case

Goldberg, Gelman & Harnik, New York City (Stephen M. Harnik of counsel), for appellant.

Brown, Kelleher, Zwickel & Wilhelm, L. L. P., Windham (Kevin M. Kelleher of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.

CIPARICK, J.

Where a party's initial petition to stay arbitration was dismissed, can a later application to confirm an arbitration award be brought by way of motion under the same caption and index number as the initial proceeding, or must a new proceeding be brought? Because the dismissal of the initial proceeding is a final judgment, we conclude that a subsequent application to confirm an arbitration award...

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