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MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

283 A.D.2d 982 (2001)

723 N.Y.S.2d 924

In the Matter of the Arbitration between NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent, and SUE GUARINO et al., Appellants.

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

Decided May 2, 2001.

Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner commenced this proceeding seeking a permanent stay of arbitration on the ground that respondents failed to provide timely written notice of their claim for supplemental uninsured motorist (SUM) benefits under a policy issued by petitioner. Supreme Court erred in...

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