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MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

277 A.D.2d 920 (2000)

716 N.Y.S.2d 259

In the Matter of the Arbitration Between NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant, and MALEE BENSON, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.

Order unanimously affirmed with costs.

Memorandum:

Contrary to petitioner's contention, Supreme Court's determination that respondent notified petitioner of her supplemental uninsured motorist (SUM) claim "as soon as practicable" is supported by the record. Respondent's medical condition was diagnosed at the time of the accident as muscle spasms of the back. That diagnosis continued for almost a year, at which time...

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