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MTR. OF ARBITRATION BETWEEN GEN. ACC. FIRE & CERRETTO

60 Misc.2d 216 (1969)

In the Matter of the Arbitration between General Accident Fire and Life Assurance Corporation, Ltd., Petitioner, and Anthony R. Cerretto, Respondent.

Supreme Court, Monroe County.

July 31, 1969

Attorney(s) appearing for the Case

Harold C. Bayer and Jon Charles Dupee for petitioner. Nusbaum, Tarricone, Bilgore, Weltman & Silver (Kenneth I. Albert of counsel), for respondent.

MARSHALL E. LIVINGSTON, J.

This motion is brought for an order staying arbitration, under CPLR 7503, in an automobile negligence suit.

The question to be decided is whether or not the petitioner is barred by the 10-day limitation of time fixed in CPLR 7503 (subd. [c]).

The key paragraph of the affidavit submitted by the attorney for the petitioner reads as follows: "6. That on or about the 21st...

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