MATTER OF AM. MUT. LIAB. INS. CO. v. GLADSTONE


83 A.D.2d 551 (1981)

In the Matter of American Mutual Liability Insurance Company, Respondent, v. Arthur Gladstone, Sued Herein as Arthur Goldstone, Appellant

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

July 6, 1981


Order reversed, on the law, with $50 costs and disbursements, the application for a stay of arbitration is denied and the parties are directed to proceed to arbitration. CPLR 7503 (subd [c]) requires that notice of an application to stay arbitration be served in the same manner as a summons, or by registered or certified mail, return receipt requested.

Service by the insurer of the notice of petition to stay arbitration by ordinary mail was jurisdictionally defective...

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