Service of a petition to vacate an arbitration award.

Practice point: Petitioner failed to show that the petition was served on a person authorized to receive service of process pursuant to CPLR 311(a)(1). The petitioner relied on a provision of the parties' franchise agreement which concerns only service of a notice required by the agreement, not service of process required by the CPLR.

Student note: In addition, commencement of the proceeding was untimely, since the purported service occurred more than 90 days after the award was received.

Case: Cere v. Subway Intl. BV, NY Slip Op 04384 (1st Dept. 2012).

Here is the decision.

Monday’s issue: Stating a cause of action sounding in legal malpractice.