In re the Arbitration between Merchants Mutual Insurance & Anziano
New York Supreme Court
1Opinion of the CourtBernard S. Meyer, J.
Petitioner seeks to stay arbitration under the uninsured motorist endorsement of respondent’s policy. Respondent objects to the jurisdiction of the court on the ground that the petition was not timely served upon respondent. Since respondent’s demand for arbitration was received by petitioner on January 27, 1969 and the petition was not served on respondent until February 25, 1969, the point would be well taken had respondent’s demand been served by certified or registered mail. It was, however, served by ordinary mail and, therefore, ‘ ‘ the 10-day limitation to move for a stay does not…
2Cases cited8 opinions
- Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
- Weatherwax v. Royal Indemnity Co.New York Court of Appeals · 1929
- In re the Arbitration between Merchants Mutual Insurance & SchmidNew York Supreme Court · 1968
- In re the Arbitration between Samincorp South American Minerals & Merchandise Corp. & Tikvah Mining Co.New York Supreme Court · 1964
- n Matter of Ira Stroud v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1961
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3Cited by5 opinions
- Metric/kvaerner Fayetteville, a Joint Venture of Metric Constructors, Inc. And Kvaerner Enviropower, Inc. v. Federal Insurance CompanyCourt of Appeals for the Fourth Circuit · 2005
- Olesky v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- In re the Arbitration between Travelers Indemnity Co. & MaderaAppellate Division of the Supreme Court of the State of New York · 1993
- National Fuel Gas Distribution Corp. v. Paragon Resources, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Metric/kvaerner Fayetteville, a Joint Venture of Metric Constructors, Inc. And Kvaerner Enviropower, Inc. v. Federal Insurance CompanyCourt of Appeals for the Fourth Circuit · 2005