MATTER OF PHOENIX INSURANCE COMPANY v. TASCH


306 A.D.2d 288 (2003)

762 N.Y.S.2d 99

In the Matter of PHOENIX INSURANCE COMPANY, Respondent, v. MARTIN TASCH, Appellant.

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

Decided June 2, 2003.


Ordered that the order is affirmed, with costs.

We affirm the order appealed from on a different ground than the one used by the Supreme Court in granting the petition and permanently staying the arbitration (see Menorah Nursing Home v Zukov, 153 A.D.2d 13 [1989]). The relevant provision of the subject insurance policy required that the appellant give written notice of an underinsured motorist claim "as soon as practicable...

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