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Matter of Tri-State Consumer Ins. v. Dabush

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1999
264 A.D.2d 848 (N.Y. App. Div. 1999)

Opinion

Submitted June 23, 1999

September 27, 1999

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 (O'Shaughnessy, J.H.O.), dated November 9, 1998, which, after a hearing, granted the petition and permanently stayed arbitration.

David P. Slater, New York, N.Y., for appellant.

Murray Lemonik, Jericho, N.Y. (Barry Greenberg of counsel), for respondent.

GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, and HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

It is well established that the determination of the fact-finding court should not be disturbed on appeal unless the court's conclusions could not be reached by any fair interpretation of the evidence, especially in cases resting in large part on the credibility of witnesses ( see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490; Matter of Allstate Ins. Co. v. McMahon, 251 A.D.2d 571; Matter of Aetna Life Cas. v. Gramazio, 242 A.D.2d 530; Syragakis v. Majestic Assocs., 240 A.D.2d 561). The Supreme Court's determination that the respondent failed to ascertain the identity of either the operators or the owners of the other vehicles involved in the accident through reasonable efforts is supported by a fair interpretation of the evidence.

MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.


Summaries of

Matter of Tri-State Consumer Ins. v. Dabush

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1999
264 A.D.2d 848 (N.Y. App. Div. 1999)
Case details for

Matter of Tri-State Consumer Ins. v. Dabush

Case Details

Full title:In the Matter of TRI-STATE CONSUMER INSURANCE COMPANY, respondent, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 27, 1999

Citations

264 A.D.2d 848 (N.Y. App. Div. 1999)
695 N.Y.S.2d 414

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