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CERTAIN UNDERWRITERS AT LLOYD'S, LONDON v. AT&T, CORP.

653090/13, 1763, 1762.

142 A.D.3d 921 (2016)

37 N.Y.S.3d 886

CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, et al, Respondents, v. AT&T, CORP., et al., Defendants, and AMERICAN EXCESS INSURANCE ASSOCIATION, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 29, 2016.

AEIA's motion to dismiss was filed well beyond the statutory time period (CPLR 3211 [e]; 3012 [a]), and the record does not support AEIA's contention that the delay was due to plaintiffs' actions.

The motion to compel arbitration was correctly denied, as it cannot be said that plaintiffs, nonsignatories to the AEIA policy containing the arbitration clause that signatory AEIA seeks to enforce, "knowingly exploit[ed]" the AEIA policy or derived a "direct benefit" from...

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