MATTER OF ALLSTATE INS. CO. (PASTERNACK)


121 Misc.2d 196 (1983)

In the Matter of the Arbitration between Allstate Insurance Company, Petitioner, and Barbara Pasternack et al., Respondents.

Supreme Court, Special Term, Nassau County.

September 27, 1983


Attorney(s) appearing for the Case

Benjamin Purvin for petitioner. Dickman & Rachlin, P. C. (Mitchell Rachlin of counsel), for respondents.


JEFFREY G. STARK, J.

This proceeding raises the novel issue of whether an insurance company which has received an arbitration demand pursuant to an uninsured motorist provision in its policy and which has failed to seek a stay of arbitration within the 20-day period set forth in CPLR 7503 (subd [c]) can thereafter seek to stay arbitration when a new arbitration demand is served upon it identical to the first except for the damages claimed. The issue is...

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