Opinion
Argued May 18, 2000
August 30, 2000.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (Rosenblum, R.), dated August 31, 1999, which, after a hearing, granted the petition and permanently stayed arbitration.
Victor Mevorah, P.C., Garden City, N.Y., for appellants.
Robert P. Sweeney Associates, Uniondale, N.Y. (Anne Marlow Moran of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
"It is well established that 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 Allstate Ins. Co. v. McMahon, 251 A.D.2d 571, 572; see also, Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495; Matter of Aetna Life Cas. v. Gramazio, 242 A.D.2d 530). The determination that there was no physical contact between the appellants' automobile and an alleged hit-and-run vehicle is supported by a fair interpretation of the evidence adduced at the hearing and should not be disturbed.