MATTER OF MBNA AMERICA BANK, N.A.


33 A.D.3d 1064 (2006)

823 N.Y.S.2d 237

In the Matter of the Arbitration between MBNA AMERICA BANK, N.A., Appellant, and DESPINA CUCINOTTA, Respondent.

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

Decided October 19, 2006.


Mugglin, J.

Petitioner sought an order to confirm an arbitration award and the entry of judgment thereon in this consumer credit card collection action. Respondent opposed, arguing that the arbitration hearing was held in an improper venue. Supreme Court agreed and dismissed the petition resulting in this appeal.

We reverse. In accordance with the terms of their credit card agreement, either party could demand that any dispute arising under the agreement be...

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