Opinion
No. 2007-07930.
May 27, 2008.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Eliezer Steinmetz appeals from an order of the Supreme Court, Rockland County (Nelson, J.), dated July 30, 2007, which, after a hearing, granted the petition.
Subin Associates LLP, New York, N.Y. (Herbert S. Subin and Brooke Lombardi of counsel), for appellant.
O'Connor, McGuinness, Conte, Doyle Oleson, White Plains, N.Y. (Montgomery L. Effinger of counsel), for respondent.
Before: Rivera, J.P., Santucci, Eng and Chambers, JJ.
Ordered that the order is affirmed, with costs.
"Where, as here, a case is tried without a jury, this Court's power to review the evidence is as broad as that of the trial court, `taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses'" ( Terry v State of New York, 39 AD3d 846, quoting Northern Westchester Professional Park Assoc, v Town of Bedford, 60 NY2d 492, 499). We decline to disturb the Supreme Court's finding that there was no physical contact between the appellant's vehicle and an alleged hit-and-run vehicle ( see Matter of Progressive Northeastern Ins. Co. v Sheikh, 40 AD3d 763, 764; Matter of Metropolitan Prop. Cos. Co. v Sands, 5 AD3d 601, 602).