United Services Automobile Ass'n v. Kungel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered May 18, 2009, which granted respondent’s motion to reargue a prior order, same court and Justice, entered February 26, 2009, denying his motion to dismiss the petition seeking to stay arbitration, and, upon reargument, adhered to the prior order, unanimously affirmed, without costs.
The court correctly held that CELR 2001 (as amended by L 2007, ch 529), applied, giving it the discretion to permit petitioner to correct its procedural mistake in commencement of its proceeding to stay the arbitration demanded by respondent.…
2Cases cited8 opinions
- Gershel v. PorrNew York Court of Appeals · 1996
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- Lamb v. MillsAppellate Division of the Supreme Court of the State of New York · 2002
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