New York Court of Appeals February 19, 2004 (Allstate Insurance v. Stein)

OPINION OF THE COURT

R.S. Smith, J.

This appeal concerns the timeliness of an action by an insurance company as subrogee of an accident victim to whom the insurance company has paid additional personal injury protection (APIP) benefits. The question presented is whether the statute of limitations runs from the date of the accident or the date

*418

when the first APIP benefits were paid.