Ben Miller, Inc. v. Marcus Brothers Textiles, Inc.

Judgment Supreme Court, New York County, entered June 14, 1977, which granted a stay of arbitration and denied the cross motion to dismiss the application for a stay as untimely is unanimously reversed, on the law, without costs and without disbursements, and the arbitration is directed to proceed forthwith. In January, 1977, appellant served respondent with a demand for arbitration in New York City. The demand placed respondent on notice that it would be precluded from objecting to arbitration unless objection was interposed to the proceeding within 20 days after service of the demand for…