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MATTER OF MARRA v. USF&G INS. CO.

234 A.D.2d 548 (1996)

651 N.Y.S.2d 922

In the Matter of Ralph Marra, Appellant, v. Usf&G Insurance Company, Respondent

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

December 23, 1996

Ordered that the order is affirmed, with costs.

Contrary to the petitioner's contention, respondent USF&G Insurance Company (hereinafter USF&G) was not required to make its demand for a trial de novo by commencing a plenary action in the Supreme Court. Under the terms of the policy of insurance, the letter demand by USF&G for a trial de novo was both sufficient and timely made. Moreover, it was within the court...

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