Justice F. Dana Winslow
American Transit Insurance (ATI) moved to stay a pending no-fault arbitration. It also moved for a default judgment and summary judgment in this declaratory judgment action. ATI sought a declaration that it was not obligated to pay no-fault benefits to Jones based on her failure to comply with conditions precedent to coverage, including failing to appear for scheduled independent medical examinations (IME) and examinations under oath (EUO). The court denied ATI’s motion to stay arbitration as CPLR 2201 was inapplicable. Yet, while §7503(c) applied, ATI failed to demonstrate compliance with its limitations period. The court further found §§326 and 327 were both inapplicable as neither authorized a court to stay an arbitration for purposes of transferring to the court. Also, while it found ATI substantially met its burden of proof on the meritsto establish prima facie it mailed notices of the IMEs and EUOs to the insured, who then failed to appearit stated the application raised concerns regarding service of process, precluding granting a default judgment and summary judgment. Thus, the court could not find it had jurisdiction over all defendants, and could not grant declaratory relief.
