In re the Arbitration Between Granese & Motor Vehicle Accident Indemnification Corp.

One of the conditions contained in respondent’s indorsement is that notice of claim be given “ within 90 days or as soon as practicable ”. An issue as to compliance with a condition precedent is for the court, and not for the arbitrators, to decide (Matter of Board of Educ., Union Free School Dist. No. 7 [Heckler Elec. Co.], 7 N Y 2d 476). Petitioner claims that the wording of the arbitration clause is such as to indicate an intention to include questions of performance of conditions precedent within its scope. The arbitration clause covers (1) disagreement as to whether a person mailing…