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MATTER OF TRAVELERS PROPERTY CASUALTY CORP.

287 A.D.2d 412 (2001)

732 N.Y.S.2d 3

In the Matter of the Arbitration between TRAVELERS PROPERTY CASUALTY CORP., Respondent, and TODD HERSHMAN, Appellant.

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

Decided October 30, 2001.

Even if not timely pursuant to CPLR 7503 (c), the petition was nonetheless properly entertained by Supreme Court under the "no agreement to arbitrate" exception to CPLR 7503 (c) (see, Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264, 267). Respondent was not a party to any arbitration agreement permitting arbitration of his claim for underinsured motorist benefits, the relevant agreement to arbitrate having been solely between...

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