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MATTER OF EMPIRE INS. CO. v. MILIONER

187 A.D.2d 277 (1992)

In the Matter of Empire Insurance Company, Appellant, v. Michael Milioner, Respondent, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 5, 1992

Petitioner withdrew its claim that the offending vehicle was uninsured after it was shown that the basis of the demand for arbitration was underinsurance. Because the initial petition did not assert a claim of underinsurance, the IAS Court properly denied the application for a stay as untimely. Application of the doctrine of relation back, sua sponte, would have been inappropriate. In any event, petitioner failed to make...

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