Opinion
February 5, 1996
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the order is affirmed, with costs.
The Appellant's contention that the plaintiff waived its right to a trial de novo under the facts presented in this case is without merit (see Allstate Ins. Co. v. Jacobs, 208 A.D.2d 578; Matter of Nationwide Mut. Ins. Co. v. Alvarez, 207 A.D.2d 401). Unlike the parties in the cases of Matter of Marciano v. General Acc. Ins. Co. ( 220 A.D.2d 748) and Matter of Eckart v. Aetna Cas. Sur. Co. ( 208 A.D.2d 533), the parties in this case proceeded to arbitration in accordance with the policy provisions and, therefore, the plaintiff could invoke its right under the policy to a trial de novo.
The appellant's remaining contentions are without merit. Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.