MATTER OF PROGRESSIVE INS. CO. v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


248 A.D.2d 390 (1998)

669 N.Y.S.2d 853

In the Matter of Progressive Insurance Company, Appellant, v. Motor Vehicle Accident Indemnification Corporation, Respondent

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

March 2, 1998


Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that under the appropriate Statute of Limitations, the petitioner Progressive Insurance Company is not entitled to a stay of the respondent Motor Vehicle Accident Indemnification Corporation's arbitration proceeding with respect to reimbursement of payments made no more than three years before the demand for arbitration (see, Matter of MVAIC v Aetna Cas...

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