American Country Insurance v. Kabir

Appellate Division of the Supreme Court of New York

American Country Insurance v. Kabir

10 A.D.3d 656, 781 N.Y.S.2d 614, 2004 N.Y. App. Div. LEXIS 10785

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 13, 2004

StatusPublished

This text of 10 A.D.3d 656 (American Country Insurance v. Kabir) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Country Insurance v. Kabir, 10 A.D.3d 656, 781 N.Y.S.2d 614, 2004 N.Y. App. Div. LEXIS 10785 (N.Y. Ct. App. 2004).

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Opinion

In a proceeding pursuant to CELR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Queens County (Taylor, J), dated January 31, 2003, which granted the petition and permanently stayed arbitration.

Ordered that the order is reversed, on the law, with costs payable by the petitionér-respondent, the petition is denied, and the proceeding is dismissed.

Contrary to the conclusion of the Supreme Court, since American Country Insurance Company failed to seek a stay of Syed Kabir’s demand for uninsured motorist arbitration within 20 days of receipt of the demand on July 17, 2002, the petition was untimely and should have been denied (see CELR 7503 [c]; Matter of Steck [State Farm Ins. Co.], 89 NY2d 1082, 1084 [1996]; Matter of State Farm Ins. Co. v Karvalis, 7 AD3d 533 [2004]; Matter of Allstate Ins. Co. v Duffy, 5 AD3d 476 [2004]). Florio, J.P., Adams, Cozier and Lifson, JJ., concur.

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In a proceeding pursuant to CELR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Queens County (Taylor, J), dated January 31, 2003, which granted the petition and permanently stayed arbitration.

Ordered that the order is reversed, on the law, with costs payable by the petitionér-respondent, the petition is denied, and the proceeding is dismissed.

Contrary to the conclusion of the Supreme Court, since American Country Insurance Company failed to seek a stay of Syed Kabir’s demand for uninsured motorist arbitration within 20 days of receipt of the demand on July 17, 2002, the petition was untimely and should have been denied (see CELR 7503 [c]; Matter of Steck [State Farm Ins. Co.], 89 NY2d 1082, 1084 [1996]; Matter of State Farm Ins. Co. v Karvalis, 7 AD3d 533 [2004]; Matter of Allstate Ins. Co. v Duffy, 5 AD3d 476 [2004]). Florio, J.P., Adams, Cozier and Lifson, JJ., concur.

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Bluebook (online)

10 A.D.3d 656, 781 N.Y.S.2d 614, 2004 N.Y. App. Div. LEXIS 10785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-country-insurance-v-kabir-nyappdiv-2004.

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