NY CPLR § 7502 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 75 - Arbitration 7502 - Applications to the Court; Venue; Statutes of Limitation; Provisional Remedies.

§  7502.  Applications  to  the  court; venue; statutes of limitation; provisional remedies. (a) Applications to the court;  venue.  A  special proceeding  shall  be used to bring before a court the first application arising out of an arbitrable controversy which is not made by motion  in a pending action.  (i)  The proceeding shall be brought in the court and county specified in  the  agreement.  If  the  name  of  the  county  is  not  specified, proceedings  to  stay  or bar arbitration shall be brought in the county where the party seeking arbitration resides or is  doing  business,  and other  proceedings affecting arbitration are to be brought in the county where at least one of the parties resides or is doing business or  where the arbitration was held or is pending.  (ii)  If  there  is  no  county in which the proceeding may be brought under paragraph (i) of this subdivision, the proceeding may  be  brought in any county.  (iii)   Notwithstanding   the   entry   of  judgment,  all  subsequent applications shall be made by motion in the special proceeding or action in which the first application was made.  (iv) If an application to confirm an arbitration award made within the one year as  provided  by  section  seventy-five  hundred  ten  of  this article,  or an application to vacate or modify an award made within the ninety days as provided  by  subdivision  (a)  of  section  seventy-five hundred  eleven  of  this article, was denied or dismissed solely on the ground that it was made in the form of a motion captioned in an  earlier special  proceeding  having reference to the arbitration instead of as a distinct special proceeding, the time in which to apply to  confirm  the award  and the time in which to apply to vacate or modify the award may, notwithstanding that the applicable period of time has expired, be  made at  any  time  within  ninety  days  after  the  effective  date of this paragraph, and may be made in whatever form is  appropriate  (motion  or special proceeding) pursuant to this subdivision.  (b)  Limitation of time. If, at the time that a demand for arbitration was made or a notice of intention to arbitrate  was  served,  the  claim sought to be arbitrated would have been barred by limitation of time had it  been  asserted  in  a  court  of  the  state, a party may assert the limitation as a bar to the arbitration on an application to the court as provided in section 7503 or subdivision (b) of section 7511. The failure to assert such bar by such application shall not preclude its  assertion before  the arbitrators, who may, in their sole discretion, apply or not apply the bar. Except as provided in subdivision (b)  of  section  7511, such  exercise  of discretion by the arbitrators shall not be subject to review by a court on an application to confirm,  vacate  or  modify  the award.  (c)  Provisional remedies. The supreme court in the county in which an arbitration is pending or in a county specified in  subdivision  (a)  of this section, may entertain an application for an order of attachment or for  a  preliminary injunction in connection with an arbitration that is pending or that is to be commenced inside or outside this state, whether or not it is subject to the United Nations convention on the recognition and enforcement of foreign arbitral awards, but  only  upon  the  ground that  the  award  to which the applicant may be entitled may be rendered ineffectual without such provisional relief. The provisions of  articles 62  and  63  of  this  chapter shall apply to the application, including those relating to undertakings and to the time for  commencement  of  an action  (arbitration shall be deemed an action for this purpose), except that the sole ground for the granting of the remedy shall be  as  stated above.  If  an  arbitration  is  not commenced within thirty days of the granting of the provisional relief, the order granting such relief shall  expire and be null and void and costs, including  reasonable  attorney's fees,  awarded  to  the  respondent. The court may reduce or expand this period of time for good cause shown. The form of the  application  shall be as provided in subdivision (a) of this section.