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MATTER OF LAND OF THE FREE, INC. v. UNIQUE SANITATION, INC.

93 N.Y.2d 942 (1999)

715 N.E.2d 98

693 N.Y.S.2d 70

In the Matter of LAND OF THE FREE, INC., Doing Business as SEAFORD PALACE DINER, et al., Appellants, v. UNIQUE SANITATION, INC., et al., Respondents.

Court of Appeals of the State of New York.

Decided June 3, 1999.

Attorney(s) appearing for the Case

Hession & Bekoff, Mineola (Andrew Paul Cooper of counsel), for appellants.

Bee, Eisman & Ready, Mineola (Peter A. Bee, Richard P. Ready and Catherine V. Battle of counsel), for respondents.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

CPLR 7503 (c) requires that an application to stay arbitration be made within 20 days after service of a demand for arbitration. An untimely application to stay arbitration may, however, be granted if the agreement for which arbitration is sought is facially illegal or if upon facial examination of the agreement, a court may conclude that it would...

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