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MATTER OF LIBERTY MUT. (HANOVER INS.)

307 A.D.2d 40 (2003)

763 N.Y.S.2d 181

In the Matter of the Arbitration between LIBERTY MUTUAL INSURANCE COMPANY, Appellant, and HANOVER INSURANCE COMPANY, Respondent.

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

June 13, 2003.

Attorney(s) appearing for the Case

Law Offices of Lawrence M. Rubin, Buffalo (Destin Santacrose of counsel), for appellant.

D'Ambrosio & D'Ambrosio, P.C., Irvington (John P. D'Ambrosio of counsel), for respondent.

PIGOTT, JR., P.J., GREEN, WISNER and GORSKI, JJ., concur.

OPINION OF THE COURT

BURNS, J.

The primary issue before us on this appeal concerns the date on which the statute of limitations on a loss-transfer claim between insurance carriers begins to run. According to petitioner, a loss-transfer claim is governed by CPLR 214 (5), and the statute of limitations begins to run from the date of the underlying accident or, alternatively, from the date of the first payment of no-fault benefits to the injured party. According...

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