Atlantic Mutual Insurance v. Roth

Appellate Division of the Supreme Court of New York

Atlantic Mutual Insurance v. Roth

253 A.D.2d 875, 678 N.Y.S.2d 507, 1998 N.Y. App. Div. LEXIS 9825

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 28, 1998

StatusPublished

Cited by2 cases

This text of 253 A.D.2d 875 (Atlantic Mutual Insurance v. Roth) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atlantic Mutual Insurance v. Roth, 253 A.D.2d 875, 678 N.Y.S.2d 507, 1998 N.Y. App. Div. LEXIS 9825 (N.Y. Ct. App. 1998).

Pincite

Opinion

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 (Trainor, Ref.), dated September 2, 1997, which, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The determination that there was no physical contact between the appellant’s 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 (see, Matter of Aetna Life & Cas. v Gramazio, 242 AD2d 530).

The appellant’s remaining contentions are unpreserved for appellate review and, in any event, are without merit. Sullivan, J. P., Altman, Friedmann and McGinity, JJ., concur.

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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 (Trainor, Ref.), dated September 2, 1997, which, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The determination that there was no physical contact between the appellant’s 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 (see, Matter of Aetna Life & Cas. v Gramazio, 242 AD2d 530).

The appellant’s remaining contentions are unpreserved for appellate review and, in any event, are without merit. Sullivan, J. P., Altman, Friedmann and McGinity, JJ., concur.

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Bluebook (online)

253 A.D.2d 875, 678 N.Y.S.2d 507, 1998 N.Y. App. Div. LEXIS 9825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-mutual-insurance-v-roth-nyappdiv-1998.

Opinion

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