| Diaz v Clark |
| 2003 NY Slip Op 18426 [1 AD3d 473] |
| November 17, 2003 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
|
|
| Ernesto Diaz, Jr., Respondent, v Allison Clark et al., Defendants. New York Central Mutual Fire Insurance Company, Nonparty Appellant. |
—In an action, inter alia, to recover uninsured motorist's benefits, New York Central Mutual Fire Insurance Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Dillon, J.), dated December 11, 2002, as granted the plaintiff's cross motion to compel it to proceed to arbitration of the plaintiff's uninsured motorist claim.
Ordered that the order is affirmed insofar as appealed from, with costs.
The appellant's contention that the plaintiff's claim for uninsured motorist benefits is time-barred is without merit (see Matter of Allstate Ins. Co. v Morrison, 267 AD2d 381 [1999]; Matter of Continental Ins. Co. v Richt, 253 AD2d 818, 819 [1998]; Matter of Allstate Ins. Co. v Giordano, 108 AD2d 910 [1985], affd 66 NY2d 810 [1985]).
The appellant's remaining contentions either are unpreserved for appellate review or without merit. Santucci, J.P., S. Miller, Goldstein and Cozier, JJ., concur.