Transportation Insurance v. Desena
Cases that cite this one
3 later published cases cite this decision.
- Standard Fire Insurance v. Mouchette (Appellate Division of the Supreme Court of New York 2008)
- Travelers Indemnity Co. v. Castro (Appellate Division of the Supreme Court of New York 2007)
- Government Employees Insurance v. Castillo-Gomez (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured/underinsured motorist benefits, Ronald Desena appeals from an order of the Supreme
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the proceeding is dismissed as time-barred.
The claimant seeks uninsured motorist benefits or “supplemental uninsured motorist insurance,” which is colloquially known as underinsurance benefits (see S’Dao v National Grange Mut. Ins. Co., 87 NY2d 853, 854 [1995]). 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 [1997]; Matter of Nationwide Ins. Co. v Singh, 6 AD3d 441, 442 [2004]; Matter of Nassau Ins. Co., 100 AD2d 969, 970 [1984]; cf. Matter of New Hampshire Indem. Co. v Vranica, 294 AD2d 287 [2002]). Accordingly, the instant proceeding to stay arbitration was time-barred (see Matter of Steck [State Farm Ins. Co.], 89 NY2d 1082, 1084 [1996]; Matter of State Farm Ins. Co. v Karvalis, 7 AD3d 533 [2004]). Schmidt, J.P., Goldstein, Crane and Fisher, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.