Opinion
Nos. 2010-01869, 2010-01870.
February 22, 2011.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Tae Hong Ji and Yun Hee Ji appeal from (1) a decision of the Supreme Court, Queens County (Rios, J.), entered February 5, 2010, and (2) a judgment of the same court entered February 5, 2010, which, upon the decision, made after a framed-issue hearing, granted the petition and permanently stayed arbitration.
Sim Park, LLP, New York, N.Y. (Sang J. Sim of counsel), for appellants.
Robert P. Tusa, Garden City, N.Y. (Donald Sweeney of counsel), for respondent.
Dillon, J.P., Covello, Florio and Hall, JJ.
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision ( see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509); and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the petitioner.
Where, as here, a case is determined after a hearing held before a justice, this Court's power to review the evidence is as broad as that of the hearing court, taking into account in a close case the fact that the hearing judge had the advantage of seeing the witnesses ( see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499; Matter of Progressive Northeastern Ins. Co. v Harding, 63 AD3d 947; Matter of New York Cent. Mut. Fire Ins. Co. v Vento, 63 AD3d 841, 844; Matter of Government Empls. Ins. Co. v Steinmetz, 51 AD3d 1022). We decline to disturb the Supreme Court's finding that there was no physical contact between the appellants' vehicle and an alleged hit-and-run vehicle ( see Matter of Government Empls. Ins. Co. v Steinmetz, 51 AD3d at 1022).
Accordingly, the Supreme Court correctly granted the petition to permanently stay arbitration.