Legal Opinion · Dissent
New York Merchants Protective Co. v. Mima's Kitchen, Inc.
Appellate Terms of the Supreme Court of New York
Decided April 11, 2011Published
1Dissent
Weston, J.E
(dissenting and voting to reverse the judgment and grant petitioner’s application to confirm the arbitration award in the following memorandum).
At issue on this appeal is whether the commercial lease agreement entered into by the parties authorized service of the notice of petition and petition by mail. In my opinion, such service was proper.
Although CFLR 403 (c) requires that a notice of petition and petition be served in the same manner as a summons, this requirement is inapplicable where, as here, the parties have agreed to an alternate method of service (see Credit Car Leasing…
2Cases cited7 opinions
- Beckman v. Greentree Securities, Inc.New York Court of Appeals · 1996
- Case v. Monroe Community CollegeNew York Court of Appeals · 1997
- Smith v. Positive ProductionsDistrict Court, S.D. New York · 2005
- In Re the Arbitration Between Republique Francaise & Cellosilk Manufacturing Co.New York Court of Appeals · 1955
- In re the Arbitration between Fernandez & Universal Underwriters InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
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