73 A.D.2d 819 | N.Y. App. Div. | 1979
Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: Following the rejection of claims for no-fault benefits for injuries allegedly sustained by him in a motor vehicle accident, plaintiff commenced an action in Supreme Court against both defendants seeking payment of these benefits. He could have elected to seek the same relief by way of arbitration (Insurance Law, § 675, subd 2). On plaintiff’s motion for summary judgment, the court granted the motion against defendant Interboro-Mutual Indemnity Insurance Company and denied the motion against defendant Hartford, finding that "Plaintiff first made claim to Interboro for no-fault benefits and that said claim should properly have been processed to carry out the intent of the New York Comprehensive Automobile Insurance Regulations as set forth in the sections cited above.” (11 NYCRR 65.16 [j] [2].) After the motion for summary judgment had been argued, renewed and reargued, and 12 days before the