MATTER OF BALBOA INS. CO. v. BARNES


123 A.D.2d 691 (1986)

In the Matter of Balboa Insurance Company, Respondent, v. Raymond Barnes, Appellant

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

October 14, 1986


Ordered that the judgment is modified, on the law, by providing that the arbitration is temporarily stayed. As so modified, the judgment is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for an evidentiary hearing and determination as to whether the stay of arbitration should be permanent.

The central issue on appeal is whether a petition to stay arbitration served more than 20 days after the receipt of a demand for arbitration...

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