Travelers Indemnity Co. v. Balthazar

Full title: TRAVELERS INDEMNITY CO., Respondent, v. JAMES BALTHAZAR et al., Appellants

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

Date published: Feb 20, 1996

224 A.D.2d 303 (N.Y. App. Div. 1996)

638 N.Y.S.2d 36

Opinion

February 20, 1996

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).

The within proceeding is untimely as it was commenced two months after petitioner was served with a demand for arbitration pursuant to the uninsured motorist provision of the insurance policy in question (CPLR 7503 [c]; Matter of Spychalski [Continental Ins. Cos.], 58 A.D.2d 193, affd 45 N.Y.2d 847). This is not a case, as the IAS Court found, where the parties never agreed to arbitrate but, rather, one in which a valid arbitration agreement exists, the conditions of which have not been complied with ( see, Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264).

Concur — Sullivan, J.P., Ellerin, Ross, Tom and Mazzarelli, JJ.