MATTER OF ALLSTATE INS. CO. v. RIAZ


253 A.D.2d 875 (1998)

678 N.Y.S.2d 507

In the Matter of Allstate Insurance Company, Appellant, v. Svetlana Riaz, Respondent

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

September 28, 1998


Ordered that the order is affirmed, with costs.

The Supreme Court did not err in denying the petition to stay arbitration. The record does not support the petitioner's allegation that the respondent insured failed to cooperate with the investigation of her claim. Moreover, the record indicates that the petitioner had ample time to seek discovery of the insured, but that it unjustifiably failed to do so (see, Matter of Liberty Mut. Ins. Co. v DeCaro,...

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