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MATTER OF LOGAN, INC. (STILLWATER WORSTED)

31 A.D.2d 208 (1968)

In the Matter of the Arbitration between Jonathan Logan, Inc., Appellant, and Stillwater Worsted Mills, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 17, 1968.

Attorney(s) appearing for the Case

Robert A. Machleder of counsel (Wein, Lane, Klein & Malkin, attorneys), for appellant.

Melvin Beinart of counsel (Hahn, Hessen, Margolis & Ryan attorneys), for respondent.

BOTEIN, P. J., and STEVENS, J., concur with EAGER, J.; STEUER, J., dissents in opinion in which CAPOZZOLI, J., concurs.

EAGER, J.

The petitioner appeals from a judgment (erroneously denominated as an order) denying its application to stay arbitration, Special Term holding that the application was "time barred, pursuant to the provisions of Rule 7503(c), CPLR."

On April 1, 1968, by certified mail, return receipt requested, the respondent duly served upon the petitioner a notice of intention to arbitrate an alleged arbitrable demand for the balance of the purchase...

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