Allied Wholesale, Inc. v. Asia North America Eastbound Rate Agreement

—Judgment, Supreme Court, New York County (Bruce McM. Wright, J.), entered August 10, 1994, which granted petitioner’s motion for a stay of arbitration, unanimously reversed, on the law, without costs or disbursements, and the motion denied.

This is a proceeding to stay arbitration of a contract dispute on the ground that the claim sought to be arbitrated is barred *473by the statute of limitations. The demand for arbitration was mailed to petitioner by certified mail within the applicable limitations period, but was received one day after the statute of limitations had expired. The IAS Court…