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SENECA INSURANCE COMPANY, INC. v. SECURE SOUTHWEST BROKERAGE LTD.

294 A.D.2d 211 (2002)

741 N.Y.S.2d 690

SENECA INSURANCE COMPANY, INC., Appellant, v. SECURE-SOUTHWEST BROKERAGE LTD., Respondent.

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

Decided May 16, 2002.

Supreme Court properly rejected petitioner's argument that the cross motion was untimely pursuant to CPLR 7503 (c), since respondent's objection was that there was no agreement to arbitrate (Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264). Also properly rejected was its argument that respondent had failed to answer or submit an affidavit from an individual with personal knowledge...

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