Continental Insurance v. Boyar

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Raymond Boyar appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated May 22, 2000, which granted the petition.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The relevant provision of the subject insurance policy required the appellant to give written notice of an uninsured motorist claim to the petitioner “[a]s soon as practicable,” from the date he knew or should have known that the tortfeasor…