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- Title
COMMENCEMENT OF OR SERVICE OF NOTICE OF INTENTION TO ARBITRATE IS NO LONGER A SPECIAL PROCEEDING IN NEW YORK AND THUS A PARTY MOVING TO STAY ARBITRATION CANNOT HAVE AN EXTENSION OF TIME BY RELYING UPON SEC. 2103 CPLR PERMITTING ADDITION OF THREE DAYS WHERE SERVICE OF PAPERS IS MADE UPON AN ATTORNEY IN A PENDING ACTION.
- Abstract
This article focuses on the court ruling given in Beverly Cocktail Lounge Inc. v. Emerald Vending Machine Inc. case. Commencement of or service of notice of intention to arbitrate is no longer a special proceeding in New York and thus a party moving to stay arbitration cannot have an extension of time by relying upon Sec. 2103 CPLR permitting addition of three days where service of papers is made upon an attorney in a pending action. The court stated: "This provision was intended to change the prior law so that the arbitration would not take on the character of a judicial proceeding until the first application arising out of it is made to the court." In this case no such application was made; the other party merely served a notice of intention to arbitrate.
- Subjects
NEW York (State); LEGAL judgments; ACTIONS &; defenses (Law); ARBITRATION &; award; EXTRAORDINARY remedies; COMMERCIAL law
- Publication
Arbitration Journal, 1965, Vol 20, Issue 2, p127
- ISSN
0003-7893
- Publication type
Article