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MATTER OF MAPFRE INS. CO. OF NY v. CALLAHAN

2016-11185. Index No. 600289/15.

164 A.D.3d 1243 (2018)

83 N.Y.S.3d 209

2018 NY Slip Op 06016

In the Matter of MAPFRE Insurance Company of NY, Respondent, v. Jennifer Callahan, Appellant.

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

Decided September 12, 2018.

Ordered that the order is affirmed, with costs.

In this proceeding pursuant to CPLR article 75, the petitioner, MAPFRE Insurance Company of NY (hereinafter MAPFRE), sought to permanently stay arbitration of the claim of Jennifer Callahan for uninsured motorist benefits arising from a 2009 motor vehicle accident. MAPFRE contended, inter alia, that Callahan had withdrawn her claim and had failed to comply with the conditions precedent set forth in her policy of insurance...

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