MATTER OF AAACON AUTO TRANSP., INC.


62 A.D.2d 928 (1978)

In the Matter of the Arbitration between Aaacon Auto Transport, Inc., Appellant, and Aluminum Products Distributors, Inc., et al., Respondents

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

April 4, 1978


In so affirming, however, we modify a finding of fact reached at Special Term (CPLR 5712, subd [b]). The court found that respondent Aluminum had not timely objected to petitioner's notice of intention to arbitrate. The record discloses that said notice was mailed by petitioner on July 25, 1974 and received by respondents on July 26, 1974. Respondent's application, made on August 15, 1974, to stay arbitration (CPLR 7503, subd [b]) was therefore timely. (Monarch Ins. Co...

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