Legal Opinion

Fiveco, Inc. v. Haber

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 2007PublishedCited by 2 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, Bruce Haber appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated May 16, 2006, which granted the petition and denied his motion for legal fees.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the petition and substituting therefor a provision denying the petition; as so modified, the order is affirmed, with costs to Bruce Haber.

Unless a party makes an application for a stay of arbitration within the statutory 20-day period, CPLR 7503 (c) precludes it…

2Cases cited5 opinions

  1. In re the Arbitration between Matarasso & Continental Casualty Co.New York Court of Appeals · 1982
  2. Worldwide Insurance Group v. WingAppellate Division of the Supreme Court of the State of New York · 1994
  3. Aetna Casualty & Surety Co. v. JonesAppellate Division of the Supreme Court of the State of New York · 1992
  4. Allstate Insurance v. MilesAppellate Division of the Supreme Court of the State of New York · 2001
  5. Board of Education v. Olena Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by2 opinions

  1. Fiveco, Inc. v. HaberNew York Court of Appeals · 2008
  2. Standard Fire Insurance v. MouchetteAppellate Division of the Supreme Court of the State of New York · 2008

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