TRAVELERS INDEM. CO. v. BALTHAZAR


224 A.D.2d 303 (1996)

638 N.Y.S.2d 36

Travelers Indemnity Co., Respondent, v. James Balthazar et al., Appellants

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

February 20, 1996


The within proceeding is untimely as it was commenced two months after petitioner was served with a demand for arbitration pursuant to the uninsured motorist provision of the insurance policy in question (CPLR 7503 [c]; Matter of Spychalski [Continental Ins. Cos.], 58 A.D.2d 193, affd 45 N.Y.2d 847). This is not a case, as the IAS Court found, where the parties never agreed to arbitrate...

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