Legal Opinion

In re the Arbitration between Initial Trends, Inc.& Campus Outfitter

New York Court of Appeals

Decided February 15, 1983PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed. In the absence of a Federal statute governing method of service of a demand for arbitration, CPLR *8987503 (subd [c]), which is consistent with the Federally created right to arbitrate (US Code, tit 9), is applied to these interstate transactions. The consequence of failure to strictly comply with the provisions of CPLR 7503 (subd [c]) in serving a demand for arbitration is to toll the time limit on an application to stay arbitration…

2Cases cited1 opinion

  1. Board of Education of Palmyra-Macedon Central School District v. Palmyra-Macedon Faculty Ass'nAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by6 opinions

  1. Ferndale Corp. v. Schulman Urban Development AssociatesDistrict Court, S.D. New York · 1990
  2. In re the Arbitration between County of Jefferson & Jefferson County Deputy Sheriff's Ass'n, Local 9100Appellate Division of the Supreme Court of the State of New York · 1999
  3. In re the Arbitration between McGreevy and Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1989
  4. Blue Ridge Insurance v. RussoAppellate Division of the Supreme Court of the State of New York · 2003
  5. Eagle Insurance v. KahanAppellate Division of the Supreme Court of the State of New York · 1996

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