New York Court of Appeals
In the Matter of Fiveco, Inc., Doing Business as Mer's, Inc. v. Bruce Haber
July 1, 200811 N.Y.3d 140
Summary
The New York Court of Appeals affirmed the Appellate Division’s denial of Fiveco’s untimely petition to stay arbitration, holding the petition time‑barred under CPLR 7503(c). The Court rejected the application of the Matarasso exception because the parties had an enforceable arbitration agreement.