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MATTER OF INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY v. NOEL

265 A.D.2d 557 (1999)

697 N.Y.S.2d 303

In the Matter of INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, Appellant, v. MARIE N. NOEL, Respondent.

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

Decided October 25, 1999.

Ordered that the order is affirmed, with costs.

The petitioner insurance carrier sought a stay of arbitration on the ground, inter alia, that the respondent had not given it timely notice of her uninsured motorist claim. However, the petitioner failed to establish that it was entitled to a stay on this ground (see generally, Matter of New York Cent. Mut. Fire Ins. Co. v Marchesi, 238 A.D.2d 135).

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