New York Central Mutual Fire Insurance v. Shepard

Appellate Division of the Supreme Court of New York

New York Central Mutual Fire Insurance v. Shepard

249 A.D.2d 549, 671 N.Y.S.2d 353, 1998 N.Y. App. Div. LEXIS 4615

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

DecidedApril 27, 1998

StatusPublished

Cited by3 cases

This text of 249 A.D.2d 549 (New York Central Mutual Fire Insurance v. Shepard) 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

New York Central Mutual Fire Insurance v. Shepard, 249 A.D.2d 549, 671 N.Y.S.2d 353, 1998 N.Y. App. Div. LEXIS 4615 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In a proceeding to stay arbitration of an uninsured motorist claim, the appeal is from (1) an order of the Supreme Court, Queens County (Kassoff, J.), dated February 14, 1997, which granted the petition, and (2) an order of the same court, dated August 13, 1997, which denied the appellant’s motion for reargument.

Ordered that the appeal from the order dated August 13, 1997, is dismissed, as no appeal lies from an order denying re-argument; and it is further,

Ordered that the order dated February 14, 1997, is affirmed; and it is further,

Ordered that the petitioner-respondent is awarded one bill of costs.

We agree with the Supreme Court that the appellant failed to file a timely proof-of-claim form with her insurer as required by the terms of the insurance policy (see generally, Heydt Contr. Corp. v American Home Assur. Co., 146 AD2d 497). The appellant’s remaining contention that the petitioner insurer failed to timely disclaim coverage is without merit (see, Matter of Aetna Life & Cas. v Ocasio, 232 AD2d 409). Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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