In re the Arbitration between American Transit Insurance

Order, Supreme Court, New York County (Harold Tompkins, J.), entered February 5, 2002, which denied additional respondent Empire Insurance Company’s motion to vacate a judgment of the Special Referee granting a permanent stay of arbitration, and to dismiss the proceeding as against it, unanimously reversed, on the law and the facts, without costs, the motion granted and the judgment vacated.

Jurisdiction over a nonparty to a proceeding to stay arbitration cannot be obtained by the service upon it of the notice of petition and petition by either ordinary mail or certified mail, whether or not…