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This entry was published on 2014-09-22
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SECTION 7564
Form of decision; costs upon frivolous claims and counterclaims
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 75-A
§ 7564. Form of decision; costs upon frivolous claims and
counterclaims. (a) The decision in the arbitration proceeding shall be
in the form required by sections seven thousand five hundred seven and
four thousand two hundred thirteen of this chapter and shall be filed
with the arbitration administrator.

(b) The panel of arbitrators shall be empowered to award costs and
reasonable attorney's fees to a successful party in an arbitration, if
the panel finds that the action, claim, counterclaim, defense or cross
claim of an unsuccessful party is frivolous, in accordance with the
provisions and subject to the limitations of section eight thousand
three hundred three-a of this chapter. The arbitration fee paid by the
claimant shall be recoverable by the claimant in the event an award is
made to the claimant.