Practice point: An application to stay arbitration is made, pursuant to CPLR 7503[c], when the petition is filed, not when it is served. The petition must be served within 20 days from the date that the petitioner received the demand for arbitration.
Student note: The question as to when the application is made, within the meaning of the statute, is a purely legal, and so it could be considered by the Appellate Division for the first time on appeal.
Case: Matter of Travelers Prop. Cas. Co. of Am. v. Archibald, NY Slip Op 00465 (1st Dept. 2015)
Here is the decision.
Monday's issue: Summary judgment in a personal injury action, and feigned issues of fact.
