Legal Opinion
Kidder, Peabody & Co. v. Collins CMO Fund Ltd.
District Court, S.D. New York
Decided April 10, 1995No. 94 Civ. 3598Published
1Opinion of the Court
*407MEMORANDUM ORDER
BATTS, District Judge:
Defendant Collins CMO Fund Limited (“Collins”) has moved this Court for a stay of arbitration. For the reasons which follow, Collins’ motion is denied.
The relevant facts are undisputed: On June 20, 1994, Collins mailed its application for a stay of arbitration, by ordinary mail, to Cleary, Gottlieb, Steen & Hamilton, attorneys for Kidder, Peabody & Co.
Pursuant to CPLR § 7503(c), an application to stay arbitration “shall be served in the same manner as a summons or by registered or certified mail, return receipt requested.” Several courts have held that a…
2Cases cited6 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- MATTER OF YAK TAXI, INC. v. TekeNew York Court of Appeals · 1977
- Hadjioannou v. AvramidesNew York Court of Appeals · 1976
- J.P.L., Inc. v. L & A Music Co.Appellate Division of the Supreme Court of the State of New York · 1985
- In re the Arbitration between DeCharo & Cutco Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
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