In re the Arbitration Between Aaacon Auto Transport, Inc. & State Farm Mutual Automobile Insurance
Cases that cite this one
24 later published cases cite this decision.
- Hunts Point Terminal Produce Cooperative Ass'n v. New York City Economic Development Corp. (New York Supreme Court 2006)
- Goodstein Construction Corp. v. Gliedman (Appellate Division of the Supreme Court of New York 1986)
- Conduit & Foundation Corp. v. Metropolitan Transportation Authority (Appellate Division of the Supreme Court of New York 1985)
- Matter of Baumann & Sons Buses, Inc. v. Bd. of Educ. Northport-E. Northport Union Free Sch. Dist. (N.Y. 1979)
- Matter of Ruiz v. County of Rockland (Appellate Division of the Supreme Court of New York 2016)
- In re the Arbitration between Giamo & Visscher (Appellate Division of the Supreme Court of New York 2012)
- Toussie v. County of Suffolk (District Court, E.D. New York 2011)
- Lejbik v. Allstate Indemnity Co. (Appellate Division of the Supreme Court of New York 2007)
- Toussie v. County of Suffolk (Appellate Division of the Supreme Court of New York 2006)
- F.M. Ring Associates, Inc. v. Bevona (Appellate Division of the Supreme Court of New York 1997)
- In re the Arbitration between RRN Associates, Inc. (Appellate Division of the Supreme Court of New York 1996)
- Water Street Development Corp. v. City of New York (Appellate Division of the Supreme Court of New York 1995)
- L.J.B. Corp. v. City of New York (Appellate Division of the Supreme Court of New York 1992)
- Kigler v. County of Rockland (Appellate Division of the Supreme Court of New York 1992)
- Motor Vehicle Accident Indemnification Corp. v. Nationwide Mutual Insurance (Appellate Division of the Supreme Court of New York 1989)
- Feldman v. Miller (Appellate Division of the Supreme Court of New York 1989)
- Conduit & Foundation Corp. v. Metropolitan Transportation Authority (N.Y. 1985)
- In re the Arbitration between Nassau Insurance & Clemente (Appellate Division of the Supreme Court of New York 1984)
- Square Parking Systems, Inc. v. Metropolitan Transportation Authority (Appellate Division of the Supreme Court of New York 1983)
- Municipal Consultants & Publishers, Inc. v. Town of Ramapo (N.Y. 1979)
- County of Nassau v. South Farmingdale Water District (Appellate Division of the Supreme Court of New York 1978)
- Matter of Am. Ins. Co (Messinger) (N.Y. 1977)
- In re the Arbitration between American Insurance & Messinger (N.Y. 1977)
- In re the Arbitration between Spychalski & Continental Insurance (Appellate Division of the Supreme Court of New York 1977)
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
Memorandum. The order of the Appellate Division should be affirmed.
The appellants were served by certified mail with a properly drawn notice of intention to arbitrate by the respondent and they voiced no objection. Thereafter the respondent moved, by order to show cause, to compel arbitration and appellants cross-moved to dismiss on forum non conveniens grounds (CPLR 327).
Pursuant to CPLR 7503 (subd [c]) appellants were "precluded from objecting that a valid agreement was not made or *952 has not been complied with” by their failure to move to stay the proceedings within 20 days of their receipt of the notice of intention to arbitrate (see Matter of Jonathan Logan, Inc. [Stillwater Worsted Mills], 31 AD2d 208, affd 24 NY2d 898). They therefore are prohibited at this juncture from seeking to dismiss the proceeding to compel arbitration on the ground of the infirmity of the agreement to arbitrate.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order affirmed, without costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.