Legal Opinion
In re the Arbitration between Matarasso & Continental Casualty Co.
New York Court of Appeals
Decided June 10, 1982PublishedCited by 139 opinions
1Opinion of the Court
*266OPINION OF THE COURT
Gabrielli, J.
The question presented on this appeal is whether a motion to stay arbitration may ever properly be entertained outside the 20-day period specified in CPLR 7503 (subd [c]). We hold today that such a motion may be entertained when, as here, its basis is that the parties never agreed to arbitrate, as distinct from situations in which there is an arbitration agreement which is nevertheless claimed to be invalid or unenforceable because its conditions have not been complied with.
Claimants were injured in an automobile accident involving an uninsured motor vehicle.…
2Cases cited3 opinions
- Aetna Life & Casualty Co. v. StekardisNew York Court of Appeals · 1974
- Glasser v. PriceAppellate Division of the Supreme Court of the State of New York · 1970
- In re the Arbitration between Lane & Abel-BeyNew York Court of Appeals · 1980
3Cited by139 opinions
- Doto v. RussoSupreme Court of New Jersey · 1995
- Moser v. Liberty Mutual Insurance Co.Supreme Court of Oklahoma · 1986
- Commerce & Industry Insurance v. NesterNew York Court of Appeals · 1997
- In Re the Arbitration Between Steck & State Farm InsuranceNew York Court of Appeals · 1996
- Fiveco, Inc. v. HaberNew York Court of Appeals · 2008
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