MATTER OF J.P.L., INC. v. L & A MUSIC CO., INC.


112 A.D.2d 230 (1985)

In the Matter of J.P.L., Inc., Doing Business as Barrister Restaurant, Respondent, v. L & a Music Co., Inc., Appellant

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

July 8, 1985


Judgment reversed, on the law, with costs, and application for a stay of arbitration dismissed.

CPLR 7503 (c) provides, in pertinent part, that notice of an application to stay arbitration "shall be served in the same manner as a summons or by registered or certified mail, return receipt requested". It is undisputed that petitioner's notice of petition to stay arbitration was served by ordinary mail. Accordingly, the instant proceeding is jurisdictionally defective...

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