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IN THE MATTER OF TRANSPORTATION INSURANCE COMPANY v. DESENA

17 A.D.3d 478 (2005)

792 N.Y.S.2d 334

In the Matter of TRANSPORTATION INSURANCE COMPANY, Respondent, v. RONALD DESENA, Appellant. ELECTRIC INSURANCE COMPANY et al., Proposed Additional Respondents.

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

April 11, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the proceeding is dismissed as time-barred.

The claimant seeks uninsured motorist benefits or "supplemental uninsured motorist insurance," which is colloquially known as underinsurance benefits (see S'Dao v National Grange Mut. Ins. Co., 87 N.Y.2d 853, 854 [1995]). The instant proceeding was commenced more than 20 days after service upon...

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