MATTER OF AMERICAN COMMERCE INS. CO. v. NOWICKI


120 A.D.3d 670 (2014)

990 N.Y.S.2d 870

2014 NY Slip Op 05866

In the Matter of AMERICAN COMMERCE INSURANCE CO., Respondent, v. HENRY NOWICKI et al., Appellants.

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

Decided August 20, 2014.


In a proceeding pursuant to CPLR article 75 to temporarily stay arbitration of an underinsured motorist claim pending completion of discovery, Henry Nowicki and Grace Nowicki appeal from a judgment of the Supreme Court, Nassau County (Brandveen, J.), dated September 18, 2013, which granted the petition.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed as time-barred.

CPLR 7503 (c) requires...

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