Allstate Insurance v. DeFelippis

—In an action to enforce a contractual right to a trial de novo, the defendants appeal from an order of the Supreme Court, Suffolk County (Cannavo, J.), dated April 9, 1998, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants, Robert DeFelippis and Ralph DeFelippis, were injured in an automobile accident in November 1993, and were granted arbitration awards in the amounts of $17,500 and $75,000, respectively. Thereafter the plaintiff commenced this action to enforce its contractual right to a trial de novo. *349The…