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CNA Insurance v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1998
253 A.D.2d 494 (N.Y. App. Div. 1998)

Opinion

August 17, 1998

Appeal from the Supreme Court, Suffolk County (Gowan, J.).


Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed; and it is further,

Ordered that the appellant is awarded one bill of costs.

By notice dated October 12, 1996, the appellant served CNA Insurance Company (hereinafter CNA) with a demand for arbitration of her uninsured motorist claim. In May 1997, CNA and Andres Hernandez moved for a permanent stay of the arbitration or a temporary stay pending a hearing on whether the appellant's vehicle was involved in an accident with a hit-and-run vehicle.

Because the issue of physical contact with the uninsured vehicle relates to whether certain conditions of coverage have been satisfied, the application to stay arbitration should have been brought within the 20-day limitation period set forth in CPLR 7503 (c) (see, Matter of Steck [State Farm Ins. Co.], 89 N.Y.2d 1082; Matter of CNA Ins. Co., v. Carsley, 243 A.D.2d 474; Matter of Nationwide Ins. Co. v. McDonnell, 248 A.D.2d 476). The application for a stay, which was instituted some seven months after receipt of the demand, was untimely and should have been denied.

Bracken, J. P., Thompson, Pizzuto and Altman, JJ., concur.


Summaries of

CNA Insurance v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1998
253 A.D.2d 494 (N.Y. App. Div. 1998)
Case details for

CNA Insurance v. Rosa

Case Details

Full title:IN THE MATTER OF CNA INSURANCE COMPANY et al., Respondents, v. INDIANA S…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 17, 1998

Citations

253 A.D.2d 494 (N.Y. App. Div. 1998)
676 N.Y.S.2d 500

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