Jump to content

Question about Arbitration in New York hope someone can answer.


theuniverse
 Share

Recommended Posts

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.

Link to comment
Share on other sites

  • 2 weeks later...

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.

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...