Tri-State Consumer Insurance v. Furboter

In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of an underinsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered April 13, 2009, which denied the petition and dismissed the proceeding on the merits.

Ordered that the order is affirmed, with costs.

Contrary to the petitioner’s contention, the Supreme Court properly denied its petition to permanently stay the arbitration of the respondent’s underinsured motorist benefits claim on the ground of late notice. In determining whether notice was…