[Download] "Matter American Mutual Liability Insurance Company v. Arthur Gladstone" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Matter American Mutual Liability Insurance Company v. Arthur Gladstone
- Author : Supreme Court of New York
- Release Date : January 06, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
In a proceeding to stay of arbitration, the appeal is from an order of the Supreme Court, Queens County (Kassoff, J.), dated January 26, 1981, which (1) granted a stay of arbitration pending the determination of the issue of whether the offending vehicle was insured at the time of the accident and (2) directed a trial on said issue. Order reversed, on the law, with $50 costs and disbursements, the application for a stay of arbitration is denied and the parties are directed to proceed to arbitration. CPLR 7503 (subd [c]) requires that notice of an application to stay arbitration be served in the same manner as a summons, or by registered or certified mail, return receipt requested. Service by the insurer of the notice of petition to stay arbitration by ordinary mail was jurisdictionally defective (see Matter of Yak Taxi v Teke, 41 N.Y.2d 1020).