Legal Opinion
Auto One Insurance v. Lopez
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 2011PublishedCited by 2 opinions
1Opinion of the Court
CPLR 7503 (c) requires that an application to stay arbitration be made within 20 days after service of a notice of intention to arbitrate (see Matter of Fiveco, Inc. v Haber, 11 NY3d 140, 144 [2008]). “[T]he timeliness of a proceeding for a stay of arbitration is measured with respect to the earlier filing of the petition, not with respect to its later service” (Matter of Government Empls. Ins. Co. v Morris, 83 AD3d 709, 710 [2011]; see CPLR 304, 7502 [a]; Matter of Mendon Ponds Neighborhood Assn. v Dehm, 98 NY2d 745 [2002]; Matter of Scott v Allstate Ins. Co., 45 AD3d 690 [2007]; Matter of…
2Cases cited7 opinions
- Fiveco, Inc. v. HaberNew York Court of Appeals · 2008
- Mendon Ponds Neighborhood Association v. DehmNew York Court of Appeals · 2002
- Jara v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2011
- Panteleon v. AmayaAppellate Division of the Supreme Court of the State of New York · 2011
- Allstate Indemnity Co. v. MartinezAppellate Division of the Supreme Court of the State of New York · 2004
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Matter of American Commerce Ins. Co. v. NowickiAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Government Employees Ins. Co. v. TerrelongeAppellate Division of the Supreme Court of the State of New York · 2015