In re the Arbitration between Spychalski & Continental Insurance

Goldman, J. (concurring).

We are constrained to concur, for Justice Witmer has correctly stated the applicable law. Respondent’s failure to make its application to stay arbitration within the 20 days provided in CPLR 7503 (subd [c]) jurisdictionally precluded the court from entertaining it. Special Term, however, properly stated that subdivision 2-a of section 167 of the Insurance Law "limits the recovery of an 'insured person’ for an insurer under the uninsured motorist endorsement to a sum not to exceed $10,000” (88 Misc 2d 129, 131). This amount appellant has already received and he can…