Progressive Insurance v. Motor Vehicle Accident Indemnification Corp.

—In a proceeding pursuant to CPLR article 75 to stay arbitration, Progressive Insurance Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Kassoff, J.), dated April 16, 1997, as, upon reargument, denied the petition to stay arbitration with respect to demands for reimbursement of payments made three years or less before the demand for arbitration.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that under the appropriate Statute of Limitations, the petitioner Progressive Insurance…