Legal Question in Business Law in New York
Does the statute of limitations to petition to vacate an arbitration award (within 90 days) consider the time of day the award was delivered? e.g. The award was delivered at 9:00AM. The petition was filed electronically at 9:00PM on the 91st day. The 90th day fell on a Sunday. Technically filing the petition after 9:00AM is not within the 90-day limitation, but I don�t know how strict the courts are on the timing. I'm in CA and will likely need a NY atty. to represent me.
1 Answer from Attorneys
Whether a limitations period is long or whether it is short, the hour of the day is irrelevant. Limitations periods are usually measured in years, but there are a few limitations periods that are measured in days or months. Regardless of the duration of the statute of limitations, one need not keep track of the time of day. Moreover, the day of the actual event from which the limitations period is measured is not counted in the calculations; thus, if (by way of illustration) the limitations period begins on Tuesday, January 1, the next day (Wednesday, January 2) is day one of the limitations period, regardless of the time of day.
Good luck to you.
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