HAKALA v. DEUTSCHE BANK AG

Docket No. 02-7501.

343 F.3d 111 (2003)

Jonathan HAKALA, Plaintiff-Appellant, v. DEUTSCHE BANK AG (Formerly Bankers Trust Corp.), Deutsche Bank Alex. Brown, Inc. (formerly BT Securities, Inc.), Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 5, 2003.


Attorney(s) appearing for the Case

Herbert Monte Levy, New York, N.Y., for Appellant.

Cliff H. Fonstein (Kenneth J. Turnbull, on the brief), O'Melveny & Myers LLP, New York, N.Y., for Appellees.

Before: LEVAL and CABRANES, Circuit Judges, and BERMAN, District Judge.


LEVAL, Circuit Judge.

Plaintiff Jonathan Hakala appeals from the dismissal by the United States District Court for the Southern District of New York (Constance B. Motley, Judge) of his petition to vacate an arbitration award by reason of untimeliness under N.Y. C.P.L.R. § 7511(a). That statute provides,

An application to vacate or modify an [arbitration] award may be made by a party within ninety days...

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