Home/Appellate Division of the Supreme Court of New York/McGrath v. McGrath

McGrath v. McGrath

231 A.D.2d 862, 648 N.Y.S.2d 404, 1996 N.Y. App. Div. LEXIS 14254
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 27, 1996
StatusPublished

This text of 231 A.D.2d 862 (McGrath v. McGrath) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGrath v. McGrath, 231 A.D.2d 862, 648 N.Y.S.2d 404, 1996 N.Y. App. Div. LEXIS 14254 (N.Y. Ct. App. 1996).

Opinion

Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting defendant’s motion to compel [863]*863arbitration. Defendant had served neither a demand for arbitration nor a notice of intention to arbitrate, as required by CPLR 7503 (c). Additionally, because there was no pending action before the court, defendant was required to commence a special proceeding to compel arbitration (see, CPLR 7502 [a]; Matter of State-Wide Ins. Co. [Lopez], 30 AD2d 694). (Appeal from Order of Supreme Court, Erie County, Sedita, Jr., J.— Arbitration.) Present—Denman, P. J., Green, Callahan, Doerr and Davis, JJ.

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

Related

In re Arbitration between State-Wide Insurance & Lopez
30 A.D.2d 694 (Appellate Division of the Supreme Court of New York, 1968)

Cite This Page — Counsel Stack

Bluebook (online)
231 A.D.2d 862, 648 N.Y.S.2d 404, 1996 N.Y. App. Div. LEXIS 14254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgrath-v-mcgrath-nyappdiv-1996.