Golden v. Michigan Miller's Mutual Insurance

Goldstein, J.,

dissents and votes to reverse the judgment, on the law, to grant the application, and to confirm the arbitration award, with the following memorandum: The appellant argues that “[fjailure to timely move to stay the arbitration pursuant to CPLR 7503” precludes the insurance carrier from arguing that there was no agreement to arbitrate pursuant to the terms of the policy. That is not an accurate description of the law. Where there is no agreement to arbitrate, the 20-day Statute of Limitations for moving for a stay of arbitration is inapplicable (see, Matter of Matarasso…