MATTER OF UNITED STATES FIRE INS. CO.


201 A.D.2d 267 (1994)

607 N.Y.S.2d 259

In the Matter of the Arbitration between United States Fire Insurance Company, Appellant, and Lev Lihterman, Respondent

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

February 1, 1994


After respondent served a fatally defective demand for arbitration on the petitioner insurer at its North Carolina office, with a copy to the insurer's New York counsel, a second demand was served on the North Carolina office only. Thereafter, the insurer commenced the instant special proceeding to stay arbitration more than 20 days after service of the second notice (see, CPLR 7503 [c]). There is no evidence that the insured acted in other than good faith, and, in...

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