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NATL UNION FIRE INS v. HUGEE

173 Misc.2d 619 (1997)

661 N.Y.S.2d 744

National Union Fire Insurance Company, Petitioner, v. Elaine Hugee, Respondent.

Supreme Court, New York County.

July 2, 1997

Attorney(s) appearing for the Case

Jacobowitz, Garfinkel & Lesman, New York City (Mark E. Kleiman of counsel), for petitioner. Reid B. Wissner, New York City, for respondent.

HELEN E. FREEDMAN, J.

This special proceeding raises a previously undecided issue, namely, whether under the "commencement-by-filing" system in effect since 1992, an application to stay arbitration is timely if the petition is filed within the 20-day statutory period (CPLR 7503 [c]) but service is effected after 20 days.1

Petitioner National Union Fire Insurance Company...

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