Legal Opinion

State-Wide Insurance v. Rowe

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1996PublishedCited by 2 opinions

1Opinion of the Court

The Supreme Court properly dismissed this proceeding because the petitioner’s application for a stay was made more than 20 days after the notice of intention to arbitrate was served (see, CPLR 7503 [c]). The petitioner’s contention that *607the statutory time period does not apply under the circumstances of this case is without merit (see, Matter of Steck [State Farm Ins. Co.], 88 NY2d 827).

The court did not improvidently exercise its discretion in denying the petitioner’s motion for renewal which was based on new arguments and additional facts that were known to the petitioner at the time its…

2Cases cited3 opinions

  1. Allstate Insurance v. BarberaAppellate Division of the Supreme Court of the State of New York · 1986
  2. In Re the Arbitration Between Steck & State Farm InsuranceNew York Court of Appeals · 1996
  3. Marino v. BrownAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. Nationwide Insurance v. SinghAppellate Division of the Supreme Court of the State of New York · 2004
  2. Travelers Indemnity Co. v. CastroAppellate Division of the Supreme Court of the State of New York · 2007

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