Legal Opinion
Matter of American Commerce Ins. Co. v. Nowicki
Appellate Division of the Supreme Court of the State of New York
Decided August 20, 2014No. 2013-11212PublishedCited by 2 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to temporarily stay arbitration of an underinsured motorist claim pending completion of discovery, Henry Nowicki and Grace Nowicki appeal from a judgment of the Supreme Court, Nassau County (Brandveen, J.), dated September 18, 2013, which granted the petition.
Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed as time-barred.
CPLR 7503 (c) requires that an application to stay arbitration be made within 20 days after service of a notice of intention to arbitrate (see Matter of Auto One…
2Cases cited6 opinions
- MacLeod v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2010
- Eagle Insurance v. BrownAppellate Division of the Supreme Court of the State of New York · 2003
- Williams v. Yang Qi Nail Salon, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Eagle Insurance v. Pierre-LouisAppellate Division of the Supreme Court of the State of New York · 2003
- Allstate Insurance v. CalderonAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by2 opinions
- Matter of Government Employees Ins. Co. v. TerrelongeAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of State Farm Ins. Co. v. ReidAppellate Division of the Supreme Court of the State of New York · 2020