1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 151 A.D.3d
  5. 151 A.D.3d 461 (2017)
 

MATTER OF ALLSTATE INS. CO. v. HOWELL

4186N. 260647/11.

151 A.D.3d 461 (2017)

2017 NY Slip Op 04406

56 N.Y.S.3d 89

In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. ALMETA HOWELL, Respondent.

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

Decided June 6, 2017.

Petitioner seeks to permanently stay an underinsured motorist benefits arbitration proceeding brought by respondent in New York.

The motion court erred in dismissing the motion to stay as untimely. The time restrictions set forth at CPLR 7503 (c) do not apply where, as here, respondent waived her right to arbitrate by initiating litigation on the same claims (see Sherrill v Grayco Bldrs., 64 N.Y.2d 261, 272-273 [1985];

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases