TRAVELERS INDEMNITY CO. v. BALTHAZAR

The within proceeding is untimely as it was commenced two months after petitioner was served with a demand for arbitration pursuant to the uninsured motorist provision of the insurance policy in question (CPLR 7503 [c]; Matter of Spychalski [Continental Ins. Cos.], 58 A.D.2d 193, affd 45 N.Y.2d 847). This is not a case, as the IAS Court found, where the parties never agreed to arbitrate but, rather, one in which a valid arbitration agreement exists, the conditions of which have not been complied with ( see, Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264).

Concur — Sullivan, J.P., Ellerin, Ross, Tom and Mazzarelli, JJ.