PEERLESS INS CO v. McDONOUGH


183 Misc.2d 341 (1999)

705 N.Y.S.2d 787

PEERLESS INSURANCE COMPANY, Petitioner, v. MICHELE McDONOUGH, Respondent.

Supreme Court, Westchester County.

January 27, 1999.


Attorney(s) appearing for the Case

Mark Goldfarb, New York City, for respondent.

Feldman, Kleidman & Coffey, Fishkill, for petitioner.


OPINION OF THE COURT

W. DENIS DONOVAN, J.

Petitioner seeks a temporary stay of respondent's underinsured motorist claim. The reason for the stay is to allow petitioner to obtain discovery from respondent. By way of opposition, respondent moves to dismiss the petition. The motion asserts five separate grounds for dismissal. Each of these grounds, however, boils down to the same argument: the timeliness of petitioner's application.

Petitioner concedes...

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