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MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

1 A.D.3d 905 (2003)

767 N.Y.S.2d 739

In the Matter of the Arbitration between STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, and KENNETH J. CYBULSKI, Respondent.

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

November 21, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is denied and the petition is granted.

Memorandum:

Respondent was injured in an automobile accident on May 24, 1998, but did not give petitioner notice of his supplemental uninsured motorist (SUM) claim until June 28, 2000. The insurance policy issued by petitioner to respondent...

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