MATTER OF SPYCHALSKI


45 N.Y.2d 847 (1978)

In the Matter of the Arbitration between Richard Spychalski, Respondent, and Continental Insurance Companies., Appellant.

Court of Appeals of the State of New York.

Decided October 19, 1978.


Attorney(s) appearing for the Case

George G. Mackey for appellant.

Jon Charles Dupee and Michael J. Kelly for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Appellant insurer is precluded from seeking a judicial stay of arbitration inasmuch as its application therefor was not properly served within the 20 days prescribed by statute (CPLR 7503, subd [c]). Additionally the payment by Utica Mutual Insurance Company of the full $10,000 under the standard...

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