MATTER OF AMERICAN TRANSIT INSURANCE COMPANY


307 A.D.2d 220 (2003)

763 N.Y.S.2d 561

In the Matter of the Arbitration between AMERICAN TRANSIT INSURANCE COMPANY, Petitioner, and MARTIN S. CARILLO, Respondent, et al., Respondents. EMPIRE INSURANCE COMPANY, Respondent-Appellant.

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

Decided July 24, 2003.


Jurisdiction over a nonparty to a proceeding to stay arbitration cannot be obtained by the service upon it of the notice of petition and petition by either ordinary mail or certified mail, whether or not such service is authorized by a court order (Matter of Liberty Mut. Ins. Co. [Markovich—Eagle Fuel Transp.—AIU Ins. Co.], 214 A.D.2d 734 [1995]; Matter of Allstate Ins. Co. v Perez, 157 A.D.2d...

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