MATTER OF ALLSTATE INSURANCE COMPANY v. WHITE


267 A.D.2d 382 (1999)

700 N.Y.S.2d 724

In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. ALBERT WHITE, Respondent.

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

Decided December 20, 1999.


Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for a determination of the petition on the merits.

The Supreme Court erred in determining that the petition was untimely on the ground that this proceeding was not commenced within 20 days of the respondent's letter of June 16, 1998, which contained a demand to arbitrate. That letter did not contain the notice required...

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