Legal Opinion
Allstate Insurance v. LeGrand
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 2012PublishedCited by 1 opinion
1Opinion of the Court
The failure to move to stay arbitration within the 20-day period specified in CPLR 7503 (c) generally “constitutes a bar to judicial intrusion into arbitration proceedings” (Aetna Life & Cas. Co. v Stekardis, 34 NY2d 182, 184 [1974]; see Matter of Spychalski [Continental Ins. Cos.], 45 NY2d 847 [1978]). However, a motion to stay arbitration may be entertained outside the 20-day period when “its basis is that the parties never agreed to arbitrate, as distinct from situations in which there is an arbitration agreement which is nevertheless claimed to be invalid or unenforceable because its…
2Cases cited5 opinions
- In re the Arbitration between Matarasso & Continental Casualty Co.New York Court of Appeals · 1982
- Fiveco, Inc. v. HaberNew York Court of Appeals · 2008
- Aetna Life & Casualty Co. v. StekardisNew York Court of Appeals · 1974
- In re the Arbitration between Richard Spychalski & Continental Insurance CompaniesNew York Court of Appeals · 1978
- In re the Arbitration between Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by1 opinion
- Matter of Pictet Funds (Europe) S.A. v. Emerging Mgrs. Group, L.P.Appellate Division of the Supreme Court of the State of New York · 2017