In re the Arbitration between Steck & State Farm Insurance

Fallon, J. (dissenting).

I respectfully dissent. CPLR 7503 (c) provides in pertinent part that, unless the party served with a notice of intention to arbitrate applies to stay the arbitration *1052within 20 days after such service, "he shall thereafter be precluded from objecting that a valid agreement was not made or has not been complied with”.

The failure to move for a stay within 20 days of the receipt of a demand is generally a complete bar to judicial intrusion and, as a Statute of Limitations, the time to move for a stay of arbitration cannot be extended by the court even for good cause shown…