Opinion
November 12, 1985
Appeal from the Supreme Court, Kings County (Hurowitz, J.).
Order reversed, insofar as appealed from, on the law, with costs, and the provision allowing Travelers to file for arbitration nunc pro tunc is deleted.
The appropriate forum for Travelers to seek reimbursement of first-party benefits was arbitration (Insurance Law § 5105 [b], formerly Insurance Law § 674 [2]). Such a proceeding had to be commenced within three years of the accrual of its claim (see, City of Syracuse v Utica Mut. Ins. Co., 83 A.D.2d 116, 119, affd 61 N.Y.2d 691; State Farm Mut. Auto. Ins. Co. v Regional Tr. Serv., 79 A.D.2d 858; Transamerica Ins. Co. v Lumbermen's Cas. Ins. Co., 77 A.D.2d 5, lv denied 53 N.Y.2d 602). Travelers did not timely file for arbitration and, upon granting defendants' motion to dismiss the action, the court improperly permitted such filing nunc pro tunc. Lazer, J.P., Thompson, O'Connor, Rubin and Kunzeman, JJ., concur.