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MATTER OF STANDARD STEEL SECTION, INC. v. ROYAL GUARD FENCE CO., INC.

62 A.D.2d 1040 (1978)

In the Matter of Standard Steel Section, Inc., Respondent, v. Royal Guard Fence Co., Inc., Appellant

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

April 17, 1978

Order affirmed, with $50 costs and disbursements.

Although the demand for arbitration, which was served by ordinary mail, did not satisfy the requirements of CPLR 7503 (subd [c]) (see Jefferson v Government Employees Ins. Co., 48 A.D.2d 855), the appellant has waived its objection by generally appearing in the arbitration proceeding in that it (1) requested a change of venue and an extension of its time to answer in a letter...

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