Opinion
2001-03219 and 2001-03221
September 20, 2001
October 22, 2001
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Interboro Mutual Indemnity Insurance Company and Augustine Collora, Jr., appeal (1) from an order of the Supreme Court, Nassau County (O'Shaughnessy, J.H.O.), entered August 16, 2000, which granted the petition, and (2), as limited by their brief, from so much of an order of the same court, dated March 19, 2001, as, upon reargument, adhered to the prior determination.
Jerrold N. Cohen, Mineola, N.Y., for appellants.
Bruno, Gerbino Macchia, LLP, Melville, N.Y. (Steven D. Brower of counsel), for petitioner-respondent.
CORNELIUS J. O'BRIEN, J.P. WILLIAM D. FRIEDMANN, NANCY E. SMITH and BARRY A. COZIER, JJ.
ORDERED that the appeal from the order entered August 16, 2000, is dismissed, as that order was superseded by the order dated March 19, 2001, made upon reargument; and it is further,
ORDERED that the order dated March 19, 2001, is affirmed insofar as appealed from; and it is further,
ORDERED that the respondent American Home Assurance Company is awarded one bill of costs.
"The decision of the fact-finding court should not be disturbed on appeal unless the court's conclusions could not be reached on any fair interpretation of the evidence, especially in cases resting in large part on the credibility of witnesses" ( Matter of Government Empls. Ins. Co. v. Allen, 279 A.D.2d 576; see, Matter of State Farm Mut. Auto. Ins. Co. v. Mucerino, 275 A.D.2d 464; Matter of Tri-State Consumer Ins. Co. v. Dabush, 264 A.D.2d 848; Matter of Allstate Ins. Co. v. McMahon, 251 A.D.2d 571). A review of the record supports the Supreme Court's determination that the vehicle owned by the appellant Augustine Collora, Jr., and insured by the appellant Interboro Mutual Indemnity Insurance Company (hereinafter Interboro) was involved in the accident at issue. As there was no dispute that Collora's vehicle was insured by Interboro at the time of that accident, the Supreme Court properly granted the petition to stay arbitration.
O'BRIEN, J.P., FRIEDMANN, SMITH and COZIER, JJ., concur.