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Matter, Interboro Mut. Indemy. Ins. v. Pardon

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2000
270 A.D.2d 266 (N.Y. App. Div. 2000)

Opinion

Submitted January 20, 2000

March 9, 2000

In a proceeding pursuant to CPLR article 75, inter alia, to stay arbitration of a claim for uninsured motorist benefits, the petitioner, Interboro Mutual Indemnity Insurance Company, appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated February 25, 1999, as denied that branch of the petition which was for a temporary stay of arbitration pending discovery.

Feeney, Gayoso Fitzpatrick, LLP, Nesconset, N.Y. (Elizabeth A. Fitzpatrick of counsel), for appellant.

FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly denied that branch of the petition which was for a temporary stay of arbitration pending discovery. The petitioner had ample time prior to the commencement of the proceeding "within which to seek discovery of the respondent insured as provided for in the insurance policy, and unjustifiably failed to utilize that opportunity" to obtain the discovery now sought (Matter of Allstate Ins. Co. v. Urena, 208 A.D.2d 623 ; see,Matter of State Farm Ins. Co. v. Smith, 255 A.D.2d 386 ; Matter of Allstate Ins. Co. v. Faulk, 250 A.D.2d 674 ; Matter of Liberty Mut. Ins. Co. v. DeCaro, 244 A.D.2d 487 ; Matter of Allstate Ins. Co. v. Nebedum, 208 A.D.2d 624 ; cf., Matter of Metropolitan Prop. Cas. Ins. Co. v. Keeney, 241 A.D.2d 455 ; Matter of MVAIC [Lucash], 16 A.D.2d 975 ).

SANTUCCI, J.P., ALTMAN, FRIEDMANN, and GOLDSTEIN, JJ., concur.


Summaries of

Matter, Interboro Mut. Indemy. Ins. v. Pardon

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2000
270 A.D.2d 266 (N.Y. App. Div. 2000)
Case details for

Matter, Interboro Mut. Indemy. Ins. v. Pardon

Case Details

Full title:In the Matter of INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, appellant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 9, 2000

Citations

270 A.D.2d 266 (N.Y. App. Div. 2000)
704 N.Y.S.2d 834

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