In re the Arbitration between General Accident Fire & Life Assurance Corp. & Cerretto

This motion is brought for an order staying arbitration, under CPLR 7503, in an automobile negligence suit.

The question to be decided is whether or not the petitioner is barred by the 10-day limitation of time fixed in CPLR 7503 (subd. [c]).

The key paragraph of the affidavit submitted by the attorney for the petitioner reads as follows: ‘‘ 6. That on or about the 21st day of May, 1969, your petitioner herein received by mail a Demand for Arbitration, a copy of which is annexed hereto and marked Exhibit ‘ A The attorneys for the respondent, on May 29, 1969, gave your deponent’s office a…