American Mutual Liability Insurance v. Gladstone

Appellate Division of the Supreme Court of New York

American Mutual Liability Insurance v. Gladstone

83 A.D.2d 551, 441 N.Y.S.2d 22, 1981 N.Y. App. Div. LEXIS 14841

Appellate Division of the Supreme Court of the State of New York·Decided July 6, 1981·Published·Cited by 4 cases

Opinion

In a proceeding to stay arbitration, the appeal is from an order of the Supreme Court, Queens County (Kassoff, J.), dated January 26, 1981, which (1) granted a stay of arbitration pending the determination of the issue of whether the offending vehicle was insured at the time of the accident and (2) directed a trial on said issue. Order reversed, on the law, with $50 costs and disbursements, the application for a stay of arbitration is denied and the parties are directed to proceed to arbitration. CPLR 7503 (subd [c]) requires that notice of an application to stay arbitration be served in the same manner as a summons, or by registered or certified mail, return receipt requested. Service by the insurer of the notice of petition to stay arbitration by ordinary mail was jurisdictionally defective (see Matter of Yak Taxi v Teke, 41 NY2d 1020). Gulotta, J. P., Cohalan, O’Connor and Bracken, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding to stay arbitration, the appeal is from an order of the Supreme Court, Queens County (Kassoff, J.), dated January 26, 1981, which (1) granted a stay of arbitration pending the determination of the issue of whether the offending vehicle was insured at the time of the accident and (2) directed a trial on said issue. Order reversed, on the law, with $50 costs and disbursements, the application for a stay of arbitration is denied and the parties are directed to proceed to arbitration. CPLR 7503 (subd [c]) requires that notice of an application to stay arbitration be served in the same manner as a summons, or by registered or certified mail, return receipt requested. Service by the insurer of the notice of petition to stay arbitration by ordinary mail was jurisdictionally defective (see Matter of Yak Taxi v Teke, 41 NY2d 1020). Gulotta, J. P., Cohalan, O’Connor and Bracken, JJ., concur.

American Mutual Liability Insurance v. Gladstone, 83 A.D.2d 551, 441 N.Y.S.2d 22, 1981 N.Y. App. Div. LEXIS 14841 (N.Y. Ct. App. 1981).

Pincite

83 A.D.2d 551 (American Mutual Liability Insurance v. Gladstone) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related