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IN THE MATTER OF MRC RECEIVABLES CORP. v. TAYLOR

57 A.D.3d 1000 (2008)

871 N.Y.S.2d 293

In the Matter of MRC RECEIVABLES CORP., Respondent, v. MICHAEL TAYLOR, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

December 30, 2008.

Ordered that the order is reversed, on the law, with costs, the cross motion to dismiss is granted, and the proceeding is dismissed.

Pursuant to CPLR 7502 (a), "[a] special proceeding shall be used to bring before a court the first application arising out of an arbitrable controversy." A special proceeding is commenced by the filing of a petition (see CPLR 304; Matter of Travelers Indem. Co./Aetna Cas. & Sur. Co. v Roth, 258 A.D...

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