In the Matter of State Farm Ins. Co.

2 Citing cases

  1. In the Matter of Transp. Ins. v. Desena

    17 A.D.3d 478 (N.Y. App. Div. 2005)   Cited 4 times

    The instant proceeding was commenced more than 20 days after service upon the petitioner of a "notice of intention to arbitrate" pursuant to CPLR 7503 (c) ( see Matter of Blamowski [Munson Transp.], 91 NY2d 190, 195; Matter of Nationwide Ins. Co. v. Singh, 6 AD3d 441, 442; Matter of Nassau Ins. Co., 100 AD2d 969, 970; cf. Matter of New Hampshire Indem. Co. v. Vranica, 294 AD2d 287). Accordingly, the instant proceeding to stay arbitration was time-barred ( see Matter of Steck [State Farm Ins. Co.], 89 NY2d 1082, 1084; Matter of State Farm Ins. Co. v. Karvalis, 7 AD3d 533).

  2. In the Matter of Am. Country Ins. Co. v. Kabir

    10 A.D.3d 656 (N.Y. App. Div. 2004)

    Contrary to the conclusion of the Supreme Court, since American Country Insurance Company failed to seek a stay of Syed Kabir's demand for uninsured motorist arbitration within 20 days of receipt of the demand on July 17, 2002, the petition was untimely and should have been denied ( see CPLR 7503 [c]; Matter of Steck [State Farm Ins. Co.], 89 NY2d 1082, 1084; Matter of State Farm Ins. Co. v. Karvalis, 7 AD3d 533; Matter of Allstate Ins. Co. v. Duffy, 5 AD3d 476).