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Matter of Transport Insurance Co. v. Tedesco

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1989
147 A.D.2d 936 (N.Y. App. Div. 1989)

Opinion

February 3, 1989

Appeal from the Supreme Court, Erie County, Joslin, J.

Present — Dillon, P.J., Callahan, Denman, Pine and Lawton, JJ.


Order unanimously reversed on the law without costs and petition granted. Memorandum: Special Term erred in denying petitioner's motion for a stay of arbitration. Respondent was not entitled to recover uninsured motorist benefits under Insurance Law § 3420 (f) (1) because the accident occurred outside the State of New York (see, Matter of Sentry Ins. Co. [Amsel], 36 N.Y.2d 291). Under the terms of petitioner's policy of insurance issued in accordance with the laws of the Province of Ontario, respondent is entitled to arbitrate its claim only if petitioner has consented to such procedure, which it has not. Absent an agreement to arbitrate, petitioner's failure to move timely to stay arbitration pursuant to CPLR 7503 (a) is immaterial (see, Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264).


Summaries of

Matter of Transport Insurance Co. v. Tedesco

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1989
147 A.D.2d 936 (N.Y. App. Div. 1989)
Case details for

Matter of Transport Insurance Co. v. Tedesco

Case Details

Full title:In the Matter of TRANSPORT INSURANCE COMPANY, Appellant, v. MICHAEL…

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

Date published: Feb 3, 1989

Citations

147 A.D.2d 936 (N.Y. App. Div. 1989)
537 N.Y.S.2d 390

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