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MATTER OF METROPOLITAN CASUALTY & PROPERTY INSURANCE COMPANY v. SUGGS

268 A.D.2d 240 (2000)

700 N.Y.S.2d 475

In the Matter of METROPOLITAN CASUALTY & PROPERTY INSURANCE COMPANY, Appellant, v. WILLIAM M. SUGGS, Respondent.

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

Decided January 6, 2000.

Contrary to petitioner's argument, its service of papers in accordance with CPLR 403 (c) to initiate this proceeding brought pursuant to CPLR 7503 (c) was improper. In this connection, we reject petitioner's contention that it effectively complied with the requirement of CPLR 7503 (c) that notice of an application to stay arbitration be "served in the same manner as a summons" since it served its papers pursuant to court direction (see, CPLR 308 [5]). Petitioner never...

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