Horowitz v. Pitterman

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court erred in determining the merits of respondent’s claim, which is presently before an arbitrator, that the partnership agreement was invalid and unenforceable. Because respondent failed to apply for a stay of arbitration within 20 days after service of the notice of intention to arbitrate, he was barred from seeking judicial intervention in the arbitration proceeding (see, Dra-Po Constr. Co. v Riso & Sons Co., 149 AD2d 651, 652; Matter of Allstate Ins. Co.…