MATTER OF EMPIRE MUT. INS. CO.


35 A.D.2d 916 (1970)

In the Matter of the Arbitration between Empire Mutual Insurance Company, Appellant, and Violet Levy, Respondent

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

December 1, 1970


The question presented is whether the petitioner is barred from contesting the application for arbitration by virtue of the 10-day limitation provided in CPLR 7503 (subd. [c]). Respondent complied with all the technical requirements, and according to the wording of the statute Special Term was justified in denying petitioner relief. However, the record clearly demonstrates that the accident happened in New York County and all parties reside there. Moreover, respondent's attorney...

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