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MATTER OF WELLTECH, INC. v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

299 A.D.2d 228 (2002)

749 N.Y.S.2d 415

In the Matter of WELLTECH, INC., et al., Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Respondent.

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

Decided November 19, 2002.

We reject petitioners' argument that the timeliness and arbitrability of the claims that respondent seeks to arbitrate should be decided by the court in accordance with New York law (CPLR 7502 [b]; 7503 [a], [b]), rather than by the arbitrators in accordance with the Federal Arbitration Act (FAA). Absent further indications of intent, respondent's inclusion of a CPLR 7503 (c) 20-day notice in its demand for arbitration and petitioner's ensuing application to stay arbitration...

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