Standard Steel Section, Inc. v. Royal Guard Fence Co.
Cases that cite this one
9 later published cases cite this decision.
- Stone v. Noble Construction Management, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Stone v. Noble Construction Management, Inc. (Appellate Division of the Supreme Court of New York 2014)
- In re the Arbitration between Allstate Insurance & American Manufacturers Mutual Insurance (Appellate Division of the Supreme Court of New York 2003)
- In re the Arbitration Between Blamowski & Munson Transportation, Inc. (N.Y. 1997)
- Morfopoulos v. Lundquist (Appellate Division of the Supreme Court of New York 1993)
- State Farm Mutual Insurance v. Genao (Appellate Division of the Supreme Court of New York 1991)
- Town of Mamaroneck v. Byron Electric Co. (Appellate Division of the Supreme Court of New York 1989)
- Home Mutual Insurance v. Springer (Appellate Division of the Supreme Court of New York 1987)
- In re the Arbitration between Local 964, United Brotherhood of Carpenters & Shirl-Ann Construction Corp. (Appellate Division of the Supreme Court of New York 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding in effect to stay arbitration, the appeal is from an order of the Supreme Court, Nassau County, dated November 9, 1977, which (1) granted the petitioner’s motion to reargue a prior order of the same court and (2) upon reargument, denied appellant’s motion to dismiss the demand for arbitration. Order affirmed, with $50 costs and disbursements. Although the demand for arbitration, which was served by ordinary mail, did not satisfy the requirements of CPLR 7503 (subd [c]) (see Jefferson v Government Employees Ins. Co., 48 AD2d 855), the appellant has waived its objection by generally appearing in the arbitration proceeding in that it (1) requested a change of venue and an extension of its time to answer in a letter to the American Arbitration Association; (2) participated in the selection of the arbitrators and the scheduling of the arbitration hearing; and (3) submitted an application to Special Term, which had the effect of adjourning the arbitration hearing. The appellant’s active involvement as a genuine actor in the proceeding antedated its objection to the improper manner of serving the demand. Consequently, the objection has been waived (cf. CPLR 320, subd [a]). Suozzi, J. P., Cohalan, Margett and Hawkins, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.