Question about Arbitration in New York hope someone can answer.

[theuniverse]

Does anyone know if in New York State, if I file an Answer to a Complaint would I be waiving my right for Arbitration? I hope somebody from New york State can answer this.

[Credator]

Some interesting reading while waiting on a knowledgeable NY poster:

http://www.robertmhall.com/articles/WaivArbRights.htm

The insured impleaded the reinsurer in China Union Lines v. American Marine Underwriters, Inc., 458 F.Supp. 132 (S.D.N.Y.1978).  The reinsurer did not raise the issue of arbitration in its answer and moved to compel arbitration 21 months after the litigation was filed.  Nonetheless, the court found no prejudice to the plaintiff and ruled that no waiver had taken place.

[theuniverse]

@Credator wow thanks I guess that's a relief. But I wish someone from New York that has been in my situation could answer this for me

[Linda7]

I've had a few friends in NY go through arbitration.  They elected arbitration by sending a notice to the creditor "and" their attorney who had brought the suit.  Then they filed an answer along with their MTC arbitration. 

 

Read through the thread - Strategy and Steps of Arbitration as there are samples in that thread.

[theuniverse]

Thanks Linda, I followed all the steps you mentioned on your first posts. I kinda had a little trouble at the beggining because I didn't know the Motion requires a "Notice of Motion" as a front page with the date the Motion will be heard and the address of the court, if someone from New York reads this should know that. It's a good idea to do a google search on "Notice of Motion". I had to call the court and ask them what dates they had available first. Also the second part should be titled "Affidavit in support of Motion" Here's a lot of info on how to correctly file a Motion to Compel in New York:

https://www.nycourts.gov/courts/nyc/civil/motions.shtml

[numbersguy]

You don't have to call the Court to find the first available date. The party making the motion needs to schedule it XX days out from when the time they serve the other party with the notice. You have to give enough notice to allow the other party a chance to submit a reply in opposition. The number of days depends upon how the notice was served, by mail, overnight delivery, etc.

 

From a practical standpoint, once the court clerk receives the motion, it gets scheduled on the first availble date that the judge has, on or after the date you have in your motion notice. You have to read the rules of the particular judge assinged to your case. Some judges might have motions returnable any day of the week, others might only consider motions on certain days.

[theuniverse]

You don't have to call the Court to find the first available date. The party making the motion needs to schedule it XX days out from when the time they serve the other party with the notice. You have to give enough notice to allow the other party a chance to submit a reply in opposition. The number of days depends upon how the notice was served, by mail, overnight delivery, etc.

 

From a practical standpoint, once the court clerk receives the motion, it gets scheduled on the first availble date that the judge has, on or after the date you have in your motion notice. You have to read the rules of the particular judge assinged to your case. Some judges might have motions returnable any day of the week, others might only consider motions on certain days.

It isn't really necessary, but It doesn't hurt to call the court and make sure though, for me I got to pick the date and I like it better when it's on a day that I pick, the court clerk told me it has to be a day when there aren't 8 motions scheduled for that day because 8 is the maximum they would take on a day. Another thing is that you have to put the date on the Notice of Motion so you need to have it before you serve it obviously.