Legal Opinion
JJF Associates v. Joyce
Appellate Division of the Supreme Court of the State of New York
Decided February 24, 2009PublishedCited by 3 opinions
1Opinion of the Court
*297Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered August 19, 2008, which denied petitioner’s motion for a preliminary injunction to stay arbitration, and granted respondents’ cross motion to dismiss this proceeding, unanimously affirmed, with costs.
The application to stay was untimely, having been brought more than 20 days after the demand for arbitration (CPLR 7503 [c]). The court thus lacked the authority to address the issue of the arbitrator’s jurisdiction (Matter of Hartford Ins. Co. [Martin], 16 AD3d 149 [2005]). The exception stated in Matter of Matarasso…
2Cases cited8 opinions
- In re the Arbitration between Matarasso & Continental Casualty Co.New York Court of Appeals · 1982
- Mobil Oil Indonesia Inc. v. Asamera Oil (Indonesia) Ltd.New York Court of Appeals · 1977
- Fiveco, Inc. v. HaberNew York Court of Appeals · 2008
- Arner v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
- Mark Ross & Co. v. XE Capital Management, LLCAppellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Matter of Flintlock Constr. Servs., LLC v. WeissAppellate Division of the Supreme Court of the State of New York · 2014
- Pacnav S.A. v. Effie Business Corp.New York Supreme Court · 2010
- Matter of Flintlock Constr. Servs., LLC v. WeissAppellate Division of the Supreme Court of the State of New York · 2014