MATTER OF DELGAUDIO v. AETNA INSURANCE COMPANY


262 A.D.2d 641 (1999)

692 N.Y.S.2d 473

In the Matter of CARMELA DELGAUDIO et al., Respondents, v. AETNA INSURANCE COMPANY, Appellant.

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

Decided June 28, 1999.


Ordered that the order is affirmed, with costs.

The appellant sought to stay arbitration on the ground that no physical contact was made between the alleged hit and run vehicle and the automobile of its insured. The Supreme Court originally granted the stay, but upon reargument directed the parties to proceed to arbitration. The Supreme Court correctly determined that the appellant was required to apply for a stay of arbitration within the 20-day time period set forth...

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