Opinion
December 7, 1993
Appeal from the Supreme Court, New York County (William J. Davis, J.).
Petitioner's application to stay arbitration was properly granted, although made more than 20 days after receipt of notice of intent to arbitrate (see, CPLR 7503 [c]), since the parties' contract involves interstate commerce, which is governed by the Federal Arbitration Act (see, Rothberg v Loeb, Rhoades Co., 445 F. Supp. 1336, 1339). That Act does not limit the time within which a stay must be sought. Since there was a threshold question whether petitioner entered into the contract, the IAS Court properly stayed the arbitration pending an evidentiary hearing.
Concur — Ellerin, J.P., Wallach, Kupferman and Rubin, JJ.