Auto One Insurance v. Lopez
Cases that cite this one
2 later published cases cite this decision.
- Matter of Government Employees Ins. Co. v. Terrelonge (Appellate Division of the Supreme Court of New York 2015)
- Matter of American Commerce Ins. Co. v. Nowicki (Appellate Division of the Supreme Court of New York 2014)
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
CPLR 7503 (c) requires that an application to stay arbitration be made within 20 days after service of a notice of intention to arbitrate (see Matter of Fiveco, Inc. v Haber, 11 NY3d 140, 144 [2008]). “[T]he timeliness of a proceeding for a stay of arbitration is measured with respect to the earlier filing of the petition, not with respect to its later service” (Matter of Government Empls. Ins. Co. v Morris, 83 AD3d 709, 710 [2011]; see CPLR 304, 7502 [a]; Matter of Mendon Ponds Neighborhood Assn. v Dehm, 98 NY2d 745 [2002]; Matter of Scott v Allstate Ins. Co., 45 AD3d 690 [2007]; Matter of Allstate Indem. Co. v Martinez, 4 AD3d 422 [2004]). Here, it uncontested that the appellants served their notice of intention to arbitrate on April 20,
The appellants’ remaining contentions are either improperly raised for the first time on appeal (see Jara v New York Racing Assn., Inc., 85 AD3d 1121 [2011]; Panteleon v Amaya, 85 AD3d 993 [2011]), or without merit. Angiolillo, J.E, Hall, Cohen and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.