Opinion
2002-02073
Argued September 12, 2002.
October 15, 2002.
In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered January 17, 2002, which denied the petition and dismissed the proceeding.
Cullen and Dykman, LLP, Brooklyn, N.Y. (Rona L. Kaplan of counsel), for appellant.
Daniel Wm. DeLuca, Ronkonkoma, N.Y., for respondents Joan Accardo and Angelo A. Accardo.
Ronald I. Lemberger, Hempstead, N.Y. (Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. [Jonathan A. Dachs] of counsel), for additional respondents.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, CORNELIUS J. O'BRIEN, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed, with costs.
The determination of the fact-finding court should not be disturbed on appeal unless its conclusions could not be reached on any fair interpretation of the evidence, especially where, as here, the determination turns largely upon the credibility of the lone witness (see Matter of CGU Insurance Co. v. Velez, 287 A.D.2d 624; Matter of American Home Assurance Co. v. Munoz, 287 A.D.2d 619) . The Supreme Court's determination that the presumption of permissive use was overcome was supported by substantial evidence (see Vehicle and Traffic Law § 388; Matter of Allstate Indemnity Company v. Nelson, 285 A.D.2d 545).
In light of our determination, the appellant's remaining contentions are academic.
ALTMAN, J.P., FLORIO, O'BRIEN and H. MILLER, JJ., concur.