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MATTER OF AETNA CAS. & SUR. CO. v. PURVIS

198 A.D.2d 502 (1993)

604 N.Y.S.2d 201

In the Matter of Aetna Casualty & Surety Company, Appellant, v. George Purvis, Respondent

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

November 29, 1993

Ordered that the order and judgment is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.

The petitioner sought to stay arbitration on the ground that the respondent George Purvis had failed to comply with a condition precedent to coverage. That condition required him to file, within 90 days after the accident, a statement under oath that he, as an insured, or his legal representatives...

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