J.P.L., Inc. v. L & A Music Co.

Appellate Division of the Supreme Court of New York

J.P.L., Inc. v. L & A Music Co.

112 A.D.2d 230, 491 N.Y.S.2d 446, 1985 N.Y. App. Div. LEXIS 55975

Appellate Division of the Supreme Court of the State of New York·Decided July 8, 1985·Published·Cited by 6 cases

Opinion

In a proceeding to stay arbitration, L & A Music Co., Inc. appeals from a judgment of the Supreme Court, Kings County (Bellard, J.), dated November 5, 1984, which granted a stay of arbitration.

Judgment reversed, on the law, with costs, and application for a stay of arbitration dismissed.

CPLR 7503 (c) provides, in pertinent part, that notice of an application to stay arbitration "shall be served in the same manner as a summons or by registered or certified mail, return receipt requested”. It is undisputed that petitioner’s notice of petition to stay arbitration was served by ordinary mail. Accordingly, the instant proceeding is jurisdictionally defective and therefore must be dismissed (see, Matter of Yak Taxi v Teke, 41 NY2d 1020; Matter of American Mut. Liab. Ins. Co. v Gladstone, 83 AD2d 551).

In light of our determination, we need not reach the other issues raised on appeal. Lazer, J. P., Gibbons, Weinstein and Lawrence, JJ., concur.

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

In a proceeding to stay arbitration, L & A Music Co., Inc. appeals from a judgment of the Supreme Court, Kings County (Bellard, J.), dated November 5, 1984, which granted a stay of arbitration.

Judgment reversed, on the law, with costs, and application for a stay of arbitration dismissed.

CPLR 7503 (c) provides, in pertinent part, that notice of an application to stay arbitration "shall be served in the same manner as a summons or by registered or certified mail, return receipt requested”. It is undisputed that petitioner’s notice of petition to stay arbitration was served by ordinary mail. Accordingly, the instant proceeding is jurisdictionally defective and therefore must be dismissed (see, Matter of Yak Taxi v Teke, 41 NY2d 1020; Matter of American Mut. Liab. Ins. Co. v Gladstone, 83 AD2d 551).

In light of our determination, we need not reach the other issues raised on appeal. Lazer, J. P., Gibbons, Weinstein and Lawrence, JJ., concur.

J.P.L., Inc. v. L & A Music Co., 112 A.D.2d 230, 491 N.Y.S.2d 446, 1985 N.Y. App. Div. LEXIS 55975 (N.Y. Ct. App. 1985).

Pincite

112 A.D.2d 230 (J.P.L., Inc. v. L & A Music Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related