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MATTER OF JOAN HANSEN & COMPANY, INC. v. EVERLAST WORLD'S BOXING HEADQUARTERS CORP.

55 A.D.3d 317 (2008)

864 N.Y.S.2d 33

In the Matter of JOAN HANSEN & COMPANY, INC., Respondent, v. EVERLAST WORLD'S BOXING HEADQUARTERS CORP., Appellant.

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

October 2, 2008.

The court correctly found that the relief sought by petitioner is a clarification, rather than a modification, of the final arbitration award issued April 14, 2005 and confirmed by a judgment entered March 1, 2006, and therefore that the time limitations of CPLR 7509 and 7511 do not bar petitioner's application (see Matter of Beleggingsmaatschappij Wolfje, B.V. v AES Ecotek Europe Holdings, B.V., 21 A.D.3d 858 [2005]).

Contrary...

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