In the Matter of the Application of Nationwide Affinity Insurance Company of America v. Katrina Ortiz
Index # 153010/2019
Supreme Court – New York – New York County
In an action for uninsured motorist benefits, the insurer petitioned the Supreme Court, New York County, to permanently stay the arbitration as respondent failed to timely serve a Demand for Arbitration. Despite respondent’s counsel offering an affirmation that the demand was timely served, the Court held that the affirmation was insufficient to raise a triable issue of fact. The Court further held that the documentary evidence offered by respondent was insufficient to warrant a denial of the petition. Lastly, the Court found that a general release signed by the respondent, almost 2 years prior to the untimely demand for arbitration, applied to the current dispute and barred the respondent from reimbursement.