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MATTER OF ALLSTATE INS. CO. v. KUPER

134 A.D.2d 256 (1987)

In the Matter of Allstate Insurance Company, Respondent, v. Edwardo Kuper, Appellant

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

November 2, 1987

Ordered that the judgment is affirmed, with costs.

The appellant's demand for arbitration failed to comply with the explicit provisions of CPLR 7503 (c) since it omitted the mandatory 20-day preclusion language. Therefore, the application for a stay of arbitration was not time barred (see, Matter of Fillipazzo v Garden State Brickface Co., 120 A.D.2d 663). On the merits, we find that the petitioner was entitled to...

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