Government Employees Insurance v. Fleishacker

Appellate Division of the Supreme Court of New York

Government Employees Insurance v. Fleishacker

280 A.D.2d 601, 720 N.Y.S.2d 800, 2001 N.Y. App. Div. LEXIS 1621

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

DecidedFebruary 20, 2001

StatusPublished

This text of 280 A.D.2d 601 (Government Employees Insurance v. Fleishacker) 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. Fleishacker, 280 A.D.2d 601, 720 N.Y.S.2d 800, 2001 N.Y. App. Div. LEXIS 1621 (N.Y. Ct. App. 2001).

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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 (O’Shaughnessy, J.H.O.), dated May 9, 2000, which, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the petition and permanently stayed arbitration of the uninsured motorist claim. The determination that there was no physical contact between the appellant’s vehicle and the alleged offending vehicle is supported by a fair interpretation of the evidence and should not be disturbed (see, Matter of Prudential Prop. & Cas. Ins. Co. v Hobson, 67 NY2d 19). Ritter, J. P., Krausman, Florio and Feuerstein, 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 (O’Shaughnessy, J.H.O.), dated May 9, 2000, which, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the petition and permanently stayed arbitration of the uninsured motorist claim. The determination that there was no physical contact between the appellant’s vehicle and the alleged offending vehicle is supported by a fair interpretation of the evidence and should not be disturbed (see, Matter of Prudential Prop. & Cas. Ins. Co. v Hobson, 67 NY2d 19). Ritter, J. P., Krausman, Florio and Feuerstein, JJ., concur.

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Bluebook (online)

280 A.D.2d 601, 720 N.Y.S.2d 800, 2001 N.Y. App. Div. LEXIS 1621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-employees-insurance-v-fleishacker-nyappdiv-2001.

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