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IN THE MATTER OF INTERBORO INSURANCE COMPANY v. CORONEL

54 A.D.3d 342 (2008)

In the Matter of INTERBORO INSURANCE COMPANY, Appellant, v. MANUEL A. CORONEL et al., Respondents.

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

August 5, 2008.

The petitioner commenced this proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of uninsured motorist claims on the ground, among others, that the accident was not a covered accident under the uninsured motorists endorsement of the petitioner's policy. The Supreme Court denied the petition, concluding that the proceeding was untimely commenced pursuant to CPLR 7503 (c). We disagree.

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