Allstate Insurance v. Venezia

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Venezia

305 A.D.2d 405, 758 N.Y.S.2d 500, 2003 N.Y. App. Div. LEXIS 5087

Appellate Division of the Supreme Court of the State of New York·Decided May 5, 2003·Published

Opinion

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (McCarty, J.), dated June 10, 2002, which granted the petition.

Ordered that the order is affirmed, with costs.

The Supreme Court properly permanently stayed the arbitration of the uninsured motorist claim based upon the expiration of the six-year statute of limitations applicable to arbitration of such claims (see CPLR 7502 [b]; 7503 [c]; Matter of Travelers Prop. Cas. Corp. v Lee, 283 AD2d 583 [2001]; Matter of Allstate Ins. Co. v Morrison, 267 AD2d 381 [1999]). Altman, J.P., Smith, McGinity and Cozier, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (McCarty, J.), dated June 10, 2002, which granted the petition.

Ordered that the order is affirmed, with costs.

The Supreme Court properly permanently stayed the arbitration of the uninsured motorist claim based upon the expiration of the six-year statute of limitations applicable to arbitration of such claims (see CPLR 7502 [b]; 7503 [c]; Matter of Travelers Prop. Cas. Corp. v Lee, 283 AD2d 583 [2001]; Matter of Allstate Ins. Co. v Morrison, 267 AD2d 381 [1999]). Altman, J.P., Smith, McGinity and Cozier, JJ., concur.

Allstate Insurance v. Venezia, 305 A.D.2d 405, 758 N.Y.S.2d 500, 2003 N.Y. App. Div. LEXIS 5087 (N.Y. Ct. App. 2003).

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Opinion

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