Bauso v. Allstate Insurance

In an action, inter alia, to enforce a contractual right to a trial de novo on an underinsured motorist claim, the defendant appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Orange County (Rosato, J.), dated January 5,1995, which, inter alia, denied its motion to dismiss the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant’s motion to dismiss the complaint is granted, and the arbitration award is confirmed in the amount of $10,000.

The plaintiff was involved in a car accident with another ve*579hide.…