Opinion
June 19, 1967
Order of the Supreme Court, Westchester County, dated March 15, 1967 and made on reargument, affirmed insofar as appealed from, with $20 costs and disbursements. Appeal from order of said court dated February 27, 1967 dismissed without costs, as academic; that order was superseded by the order dated March 15, 1967, which granted appellant's motion for reargument, but adhered to the original determination (1) granting petitioner's motion to stay arbitration and to direct a trial of the issue of whether there was physical contact between the two automobiles in question and (2) denying appellant's motion to compel arbitration. If it be assumed, without so deciding, that petitioner's application to stay arbitration was ineffective, because it was served by ordinary mail, and not in the same manner as a summons or by registered or certified mail, petitioner was, nevertheless, not precluded from moving to stay arbitration. Appellant's notice of intention to arbitrate did not contain the notice of preclusion required by CPLR 7503 (subd. [c]). Christ, Acting P.J., Brennan, Hopkins, Munder and Nolan, JJ., concur.