[DOWNLOAD] "Matter Arbitration Between Allstate Insurance Company" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter Arbitration Between Allstate Insurance Company
- Author : Supreme Court of New York
- Release Date : January 10, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
[32 A.D.2d 912 Page 912] Order entered June 4, 1968, granting a stay in arbitration pending a preliminary trial of the issue of whether an "uninsured"
vehicle was involved in the accident is reversed, on the law, with $30 costs and disbursements to appellant and stay of arbitration
denied. Petitioner insurance company concedes (1) that service of a demand for arbitration served by the respondent complied
fully with CPLR 7503 (subd. [c]) as did the caveat contained in the notice; and (2) that the subject proceeding to stay arbitration
was instituted more than 10 days after service of the aforesaid demand for arbitration. Petitioner contends that the failure
to apply for a stay within 10 days does not preclude the preliminary trial of the issue of whether an uninsured vehicle was
involved in the subject accident. Petitioner argues that respondent "Ness does not fall within the agreement for arbitration
because of the fact that there is no uninsured vehicle involved in this particular situation. Therefore, her legal remedy
should be pursued before a Court of Law and not before the American Arbitration Association." The demand for arbitration contained
the provision under CPLR 7503 (subd. [c]) that "unless the party served applies to stay arbitration within ten days after
such service [the said party) shall thereafter be precluded from objecting [32 A.D.2d 912 Page 913]