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MATTER OF SLATER v. EAGLE INSURANCE COMPANY

294 A.D.2d 368 (2002)

741 N.Y.S.2d 723

In the Matter of SUZANNE SLATER, Respondent, v. EAGLE INSURANCE COMPANY, Appellant.

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

Decided May 6, 2002.

Ordered that the judgment is affirmed, with costs.

Contrary to the contention of the appellant, Eagle Insurance Company, it failed to timely commence a de novo action on the claim giving rise to the arbitration award (see Insurance Law § 5106 [c]; 11 NYCRR 65.18 [former (i) (2)]; CPLR 7511; Matter of Gersten v American Tr. Ins. Co., 161 Misc.2d 57, 58 n 2). Thus...

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