Allstate Insurance v. Cohen

—In an action to enforce a contractual right to a trial de novo, the plaintiff appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), entered March 5, 1996, which granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint on the ground that the plaintiff had waived its right to a trial de novo.

Ordered that the order is reversed, on the law, with costs, that branch of the defendants’ motion which was for summary judgment dismissing the complaint on the ground that the plaintiff waived its right to a trial de novo is denied, and the…