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ALLIED WHOLESALE, INC. v. ASIA NORTH AM. EASTBOUND RATE AGREEMENT

212 A.D.2d 472 (1995)

622 N.Y.S.2d 940

Allied Wholesale, Inc., Doing Business as Allied International, Respondent, v. Asia North America Eastbound Rate Agreement, Appellant

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

February 23, 1995

This is a proceeding to stay arbitration of a contract dispute on the ground that the claim sought to be arbitrated is barred by the statute of limitations. The demand for arbitration was mailed to petitioner by certified mail within the applicable limitations period, but was received one day after the statute of limitations had expired. The IAS Court held, citing Springs Mills v Carolina Underwear Co. (

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