PENA v. OFFICE OF COMMISSIONER OF BASEBALL

14171, 652848/13.

125 A.D.3d 461 (2015)

JUAN CARLOS PENA, Also Known as JUAN CARLOS PENA BATISTA, Appellant, v. THE OFFICE OF THE COMMISSIONER OF BASEBALL et al., Respondents.

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

Decided February 10, 2015.


In this putative class action suit, the motion court properly concluded that plaintiff's commencement of this action was an improper collateral attack on a prior arbitration decision that plaintiff failed to challenge in accordance with CPLR 7511. Plaintiff was required to file a petition challenging the determination within 90 days of receipt of the arbitrator's decision in order to challenge the arbitration clause in the Minor League Uniform Players' Contract (see Matter...

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