MTR. KNICKERBOCKER INS. CO. (GILBERT)


28 N.Y.2d 57 (1971)

In the Matter of the Arbitration between Knickerbocker Insurance Company, Appellant, and Thelma Gilbert, Respondent.

Court of Appeals of the State of New York.

Decided February 25, 1971.


Attorney(s) appearing for the Case

Arnold Davis for appellant.

Philip Myer and Leonard J. Birbrower for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, JASEN and GIBSON concur; Judge BURKE taking no part.


BREITEL, J.

The issue is whether service by mail of a notice of application to stay arbitration is effected by posting or receipt. CPLR 7503 (subd. [c]) authorizes service by registered or certified mail, return receipt requested, and fixes a limit of 10 days after the notice to arbitrate for such service. In this proceeding by the insurer to stay arbitration, the claimant

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