Aetna Life & Casualty Company v. Michael Stekardis

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that a motion to stay arbitration must be filed within the ten‑day period prescribed by CPLR 7503, and that a tardy motion is barred. The court also held that a failure to obtain a CPLR 1209 order for infant respondents is not fatal if the order is secured before the arbitration hearing. Accordingly, Aetna's motion to stay arbitration was denied and the lower court's decision was affirmed.