Legal Opinion
In re the Arbitration between Knickerbocker Insurance & Gilbert
New York Court of Appeals
Decided February 25, 1971PublishedCited by 27 opinions
1Opinion of the CourtBreitel, J.
The issue is whether service by mail of a notice of application to stay arbitration is effected by posting or receipt. CPLR 7503 (subd. [c]) authorizes service by registered or certified mail, return receipt requested, and fixes a limit of 10 days after the notice to arbitrate for such service. In this proceeding by the insurer to stay arbitration, the claimant *60argues that service is not complete until the notice to stay arbitration is received. Petitioner insurer counters that posting within the 10-day period is sufficient.
The Supreme Court held that, although the notice to stay arbitration…
2Cases cited8 opinions
- Gilbert v. BurnstineNew York Court of Appeals · 1931
- City of Mount Vernon v. Best Development Co.New York Court of Appeals · 1935
- Prosperity Co. v. American Laundry MacHinery Co.New York Court of Appeals · 1947
- In re the Arbitration between Shine's Restaurant, Inc. & Waiters & Waitresses Union, Local No. 1New York Supreme Court · 1952
- In re the Arbitration between Finest Restaurant Corp. & L & A Music Co.New York Supreme Court · 1966
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Jacobs v. Zurich InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- In re the Arbitration between Spychalski & Continental InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
- MATTER OF YAK TAXI, INC. v. TekeNew York Court of Appeals · 1977
- In Re Cohoes Industrial Terminal, Inc.United States Bankruptcy Court, S.D. New York · 1987
- In re the Arbitration between Andy Floors, Inc. & Tyler Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994
22 more not listed; retrieve them via the Exa API.