Government Employees Insurance v. Allen

Appellate Division of the Supreme Court of New York

Government Employees Insurance v. Allen

279 A.D.2d 576, 719 N.Y.S.2d 601, 2001 N.Y. App. Div. LEXIS 603

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

DecidedJanuary 22, 2001

StatusPublished

Cited by2 cases

This text of 279 A.D.2d 576 (Government Employees Insurance v. Allen) 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

Government Employees Insurance v. Allen, 279 A.D.2d 576, 719 N.Y.S.2d 601, 2001 N.Y. App. Div. LEXIS 603 (N.Y. Ct. App. 2001).

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Opinion

In a proceeding to stay arbitration of an uninsured motorist claim, the additional respondent Salvation Army appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), dated February 4, 2000, which granted the petition.

Ordered that the order is affirmed, with costs.

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 (see, Matter of State Farm Mut. Auto. Ins. Co. v Mucerino, 275 AD2d 464; Matter of Allstate Ins. Co. v McMahon, 251 AD2d 571, 572). [577]*577Here, a review of the record supports the Supreme Court’s conclusion that the appellant’s vehicle was involved in the accident at issue. Since there was no dispute that the appellant’s vehicle was insured, the petition to stay arbitration was properly granted. Ritter, J. P., Friedmann, H. Miller and Feuerstein, JJ., concur.

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In a proceeding to stay arbitration of an uninsured motorist claim, the additional respondent Salvation Army appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), dated February 4, 2000, which granted the petition.

Ordered that the order is affirmed, with costs.

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 (see, Matter of State Farm Mut. Auto. Ins. Co. v Mucerino, 275 AD2d 464; Matter of Allstate Ins. Co. v McMahon, 251 AD2d 571, 572). [577]*577Here, a review of the record supports the Supreme Court’s conclusion that the appellant’s vehicle was involved in the accident at issue. Since there was no dispute that the appellant’s vehicle was insured, the petition to stay arbitration was properly granted. Ritter, J. P., Friedmann, H. Miller and Feuerstein, JJ., concur.

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Bluebook (online)

279 A.D.2d 576, 719 N.Y.S.2d 601, 2001 N.Y. App. Div. LEXIS 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-employees-insurance-v-allen-nyappdiv-2001.

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