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IN THE MATTER OF JJF ASSOC., LLC v. JOYCE

59 A.D.3d 296 (2009)

874 N.Y.S.2d 45

In the Matter of JJF ASSOCIATES, LLC, Appellant, v. JOHN JOYCE, JR., et al., Respondents.

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

Decided February 24, 2009.

The application to stay was untimely, having been brought more than 20 days after the demand for arbitration (CPLR 7503 [c]). The court thus lacked the authority to address the issue of the arbitrator's jurisdiction (Matter of Hartford Ins. Co. [Martin], 16 A.D.3d 149 [2005]). The exception stated in Matter of Matarasso (Continental Cas. Co.) (56 N.Y.2d 264 [1982]) does not apply because...

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