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MATTER OF MATARASSO (CONT'L CAS.)

56 N.Y.2d 264 (1982)

In the Matter of the Arbitration between Daniel Matarasso et al., Appellants, and Continental Casualty Company, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1982.

Attorney(s) appearing for the Case

Bertram Herman and Norman Perlman for appellants.

Robert J. Ellsworth for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.

GABRIELLI, J.

The question presented on this appeal is whether a motion to stay arbitration may ever properly be entertained outside the 20-day period specified in CPLR 7503 (subd [c]). We hold today that such a motion may be entertained when, as here, its basis is that the parties never agreed to arbitrate, as distinct from situations in which there is an arbitration agreement which is nevertheless claimed to...

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