Legal Opinion
In Re the Arbitration Between Aaacon Auto Transport, Inc. & State Farm Mutual Automobile Insurance
New York Court of Appeals
Decided March 29, 1977PublishedCited by 25 opinions
1Opinion of the Court
Memorandum. The order of the Appellate Division should be affirmed.
The appellants were served by certified mail with a properly drawn notice of intention to arbitrate by the respondent and they voiced no objection. Thereafter the respondent moved, by order to show cause, to compel arbitration and appellants cross-moved to dismiss on forum non conveniens grounds (CPLR 327).
Pursuant to CPLR 7503 (subd [c]) appellants were "precluded from objecting that a valid agreement was not made or has not been complied with” by their failure to move to stay the proceedings within 20 days of their receipt…
2Cases cited2 opinions
- In re the Arbitration between Jonathan Logan, Inc. & Stillwater Worsted Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
- In re the Arbitration between Jonathan Logan, Inc. & Stillwater Worsted Mills, Inc.New York Court of Appeals · 1969
3Cited by25 opinions
- Matter of Am. Ins. Co (Messinger)New York Court of Appeals · 1977
- Conduit & Foundation Corp. v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1985
- Municipal Consultants & Publishers, Inc. v. Town of RamapoNew York Court of Appeals · 1979
- In re the Arbitration between American Insurance & MessingerNew York Court of Appeals · 1977
- In re the Arbitration between Spychalski & Continental InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
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