AIU Insurance v. Holguin

Appellate Division of the Supreme Court of New York

AIU Insurance v. Holguin

32 A.D.3d 762, 820 N.Y.S.2d 802

Appellate Division of the Supreme Court of the State of New York·Decided September 21, 2006·Published

Opinion

Order, Supreme Court, Bronx County (Norma Ruiz, J), entered December 9, 2004, which denied petitioner’s motion to stay arbitration, unanimously affirmed, with costs.

Petitioner’s motion to stay arbitration, which was not properly filed with the court until more than one year after the demand for arbitration was served, and indeed more than two months after a decision in the arbitration had been rendered, was untimely (see CPLR 7503; Matter of Blamowski [Munson Transp.], 91 NY2d 190, 195 [1997]). Concur — Tom, J.P., Andrias, Friedman, Marlow and Gonzalez, JJ.

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Order, Supreme Court, Bronx County (Norma Ruiz, J), entered December 9, 2004, which denied petitioner’s motion to stay arbitration, unanimously affirmed, with costs.

Petitioner’s motion to stay arbitration, which was not properly filed with the court until more than one year after the demand for arbitration was served, and indeed more than two months after a decision in the arbitration had been rendered, was untimely (see CPLR 7503; Matter of Blamowski [Munson Transp.], 91 NY2d 190, 195 [1997]). Concur — Tom, J.P., Andrias, Friedman, Marlow and Gonzalez, JJ.

AIU Insurance v. Holguin, 32 A.D.3d 762, 820 N.Y.S.2d 802 (N.Y. Ct. App. 2006).

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Opinion

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