Opinion
2006-1798 K C.
Decided April 25, 2008.
Appeal from an order of the Civil Court of the City of New York, Kings County (Kathryn E. Freed, J.), entered July 18, 2006. The order, insofar as appealed from, granted petitioner's application to confirm an arbitration award.
Order, insofar as appealed from, affirmed without costs.
PRESENT: PESCE, P.J., WESTON PATTERSON and RIOS, JJ.
Petitioner MBNA America Bank, N.A. commenced the instant proceeding to confirm an arbitration award rendered in its favor and for entry of judgment thereon (CPLR 7501, 7510, 7514). Respondent Robert Greneman defaulted in the arbitration proceeding, but, inter alia, argued in this proceeding that petitioner failed to establish a valid arbitration agreement between the parties. The validity of an arbitration agreement is a matter that must be raised either by means of an application to stay arbitration pursuant to CPLR 7503 (b), at the arbitration itself or, if a party has neither participated in the arbitration nor been served with an arbitration notice, by an application to vacate or modify the award pursuant to CPLR 7511 (b) (2). Here, respondent Robert Greneman defaulted in the arbitration, and has made no showing that he was not properly served with an arbitration notice. Consequently, respondent Robert Greneman has waived the right to challenge the agreement's validity ( MBNA America Bank, N.A. v Stehly , 19 Misc 3d 12 [App Term, 2d 11th Jud Dists 2008]).
We have reviewed respondent Robert Greneman's remaining contentions raised on appeal and find them to be without merit.
We note that a special proceeding should terminate in a judgment, not an order ( see CPLR 411).
Pesce, P.J., Weston Patterson and Rios, JJ., concur.