Home/New York Court of Appeals/In re the Arbitration between Richard Spychalski & Continental Insurance Companies

In re the Arbitration between Richard Spychalski & Continental Insurance Companies

382 N.E.2d 765, 45 N.Y.2d 847, 410 N.Y.S.2d 65, 1978 N.Y. LEXIS 2273
New York Court of Appeals·Decided October 19, 1978·Published·Cited by 28 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

[849] Appellant insurer is precluded from seeking a judicial stay of arbitration inasmuch as its application therefor was not properly served within the 20 days prescribed by statute (CPLR 7503, subd [c]). Additionally the payment by Utica Mutual Insurance Company of the full $10,000 under the standard New York uninsured motorist indorsement, while relevant to the consideration and determination of the claims of the parties by the arbitrator, is unrelated to appellant’s commitment to submit such claims to arbitration. Finally, we think it impermissible for us to express any view as to "whether the claim with respect to which arbitration is sought is tenable, or otherwise pass upon the merits of the dispute”. (CPLR 7501.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

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In re the Arbitration between Richard Spychalski & Continental Insurance Companies, 382 N.E.2d 765, 45 N.Y.2d 847, 410 N.Y.S.2d 65, 1978 N.Y. LEXIS 2273 (N.Y. 1978).

382 N.E.2d 765 (In re the Arbitration between Richard Spychalski & Continental Insurance Companies) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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