IN THE MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY


3 A.D.3d 418 (2004)

770 N.Y.S.2d 714

In the Matter of the Arbitration between STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, and SETH O. KANKAM, Appellant. ALLSTATE INSURANCE COMPANY, Proposed Additional Respondent.

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

January 20, 2004.


The 20-day time limit prescribed by CPLR 7503 (c) for serving a petition to stay an arbitration is jurisdictional, and, absent special circumstances not present here, courts have no jurisdiction to consider an untimely application (see Matter of Metropolitan Prop. & Cas. Ins. Co. [Coping], 179 A.D.2d 499, 500 [1992]). While an application for a stay on the ground that the parties never agreed to arbitrate may be entertained even...

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