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MAYNARD v. SMITH

2020-02129, Index No. 613849/18.

206 A.D.3d 900 (2022)

171 N.Y.S.3d 537

2022 NY Slip Op 04017

Kevin Maynard, Respondent, v. Sydel Smith, Appellant.

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

Decided June 22, 2022.

Attorney(s) appearing for the Case

Sette & Apoznanski (James G. Bilello & Associates, Hicksville, NY [ Alina Vengerov and Susan Mitola ], of counsel), for appellant.

Siler & Ingber, LLP, Mineola, NY ( Ronald D. Ingber of counsel), for respondent.

Dillon, J.P., Iannacci, Rivera and Wooten, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 7503(a) to compel arbitration is granted.

On April 17, 2017, the plaintiff allegedly was injured in a motor vehicle accident in Nassau County. In July and August 2017, the plaintiff's attorney was notified twice in writing by the defendant's insurance carrier that the bodily injury limits were "100,000/$300,000." In October 2018, the plaintiff commenced this action...

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