In re the Arbitration between Matarasso & Continental Casualty Co.

New York Court of Appeals · Decided 1982-06-10

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*266 OPINION OF THE COURT Gabrielli, J. The question presented on this appeal is whether a motion to stay arbitration may ever properly be entertained outside the 20-day period specified in CPLR 7503 (subd [c]). We hold today that such a motion may be entertained when, as here, its basis is that the parties never agreed to arbitrate, as distinct from s…

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