Chasin v. Chasin

Appellate Division of the Supreme Court of New York

Chasin v. Chasin

37 A.D.2d 839, 326 N.Y.S.2d 151, 1971 N.Y. App. Div. LEXIS 3368

Appellate Division of the Supreme Court of the State of New York·Decided October 4, 1971·Published·Cited by 5 cases

Opinion

In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Kings County, dated May 11, 1971, which denied the application. Order reversed, on the law, without costs, and application granted. Since the demand for arbitration was served by ordinary mail, the method of service did not satisfy the requirements of CPLR 7503 (subd. [e]) that such a demand must be served in the same manner as a summons or by registered or certified mail, return receipt requested. Accordingly, it was null and void and the application to stay arbitration should have been granted. Rabin, P. J., Hopkins, Munder, Latham and Christ, JJ., concur.

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

In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Kings County, dated May 11, 1971, which denied the application. Order reversed, on the law, without costs, and application granted. Since the demand for arbitration was served by ordinary mail, the method of service did not satisfy the requirements of CPLR 7503 (subd. [e]) that such a demand must be served in the same manner as a summons or by registered or certified mail, return receipt requested. Accordingly, it was null and void and the application to stay arbitration should have been granted. Rabin, P. J., Hopkins, Munder, Latham and Christ, JJ., concur.

Chasin v. Chasin, 37 A.D.2d 839, 326 N.Y.S.2d 151, 1971 N.Y. App. Div. LEXIS 3368 (N.Y. Ct. App. 1971).

Pincite

37 A.D.2d 839 (Chasin v. Chasin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related