Opinion
2012-04-17
In the Matter of GOVERNMENT EMPLOYEES INSURANCE COMPANY, petitioner-respondent, v. Ana Cristina TUZZO, et al., respondents,Hereford Insurance Company, et al., appellants.
Lawrence R. Miles, Long Island City, N.Y., for appellant Hereford Insurance Company. Nancy L. Isserlis, Long Island City, N.Y. (Francis M. Cerniglia of counsel), for appellant Manuel Santana.
Lawrence R. Miles, Long Island City, N.Y., for appellant Hereford Insurance Company. Nancy L. Isserlis, Long Island City, N.Y. (Francis M. Cerniglia of counsel), for appellant Manuel Santana. Gail S. Lauzon (Montfort, Healy, McGuire & Salley, Garden City, N.Y. [Donald S. Neuman, Jr.], of counsel), for petitioner-respondent.ANITA R. FLORIO, J.P., PLUMMER E. LOTT, SANDRA L. SGROI, and ROBERT J. MILLER, JJ.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Hereford Insurance Company and Manuel Santana separately appeal from a judgment of the Supreme Court, Nassau County (Sher, J.), entered March 25, 2011, which, after a framed-issue hearing, granted the petition and permanently stayed arbitration.
ORDERED that the judgment is affirmed, with one bill of costs.
Where, as here, a case is determined after a hearing held before a Justice of the Supreme Court, this Court's power to review the evidence is as broad as that of the Supreme Court, taking into account in a close case the fact that the Supreme Court had the advantage of seeing the witnesses ( see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809; Matter of Government Employees Ins. Co. v. Albino, 91 A.D.3d 870, 871, 937 N.Y.S.2d 294; Matter of Allstate Ins. Co. v. Tae Hong Ji, 81 A.D.3d 940, 940, 917 N.Y.S.2d 576). We decline to disturb the Supreme Court's determination, made after a framed-issue hearing, that there was no physical contact between the insured vehicle and an alleged hit-and-run vehicle ( see Matter of Government Empls. Ins. Co. v. Albino, 91 A.D.3d at 871, 937 N.Y.S.2d 294; Matter of Allstate Ins. Co. v. Tae Hong Ji, 81 A.D.3d at 940, 917 N.Y.S.2d 576; Matter of Government Employees Ins. Co. v. Steinmetz, 51 A.D.3d 1022, 1022, 857 N.Y.S.2d 507). Accordingly, the Supreme Court properly granted the petition and permanently stayed arbitration.