Government Employees Insurance v. Steinmetz

Appellate Division of the Supreme Court of New York

Government Employees Insurance v. Steinmetz

51 A.D.3d 1022, 857 N.Y.S.2d 507

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

DecidedMay 27, 2008

StatusPublished

Cited by3 cases

This text of 51 A.D.3d 1022 (Government Employees Insurance v. Steinmetz) 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. Steinmetz, 51 A.D.3d 1022, 857 N.Y.S.2d 507 (N.Y. Ct. App. 2008).

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Opinion

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Eliezer Steinmetz appeals from an order of the Supreme Court, Rockland County (Nelson, J), dated July 30, 2007, which, after a hearing, granted the petition.

Ordered that the order is affirmed, with costs.

“Where, as here, a case is tried without a jury, this Court’s power to review the evidence is as broad as that of the trial court, ‘taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses’ ” (Terry v State of New York, 39 AD3d 846 [2007], quoting Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]). We decline to disturb the Supreme Court’s finding that there was no physical contact between the appellant’s vehicle and an alleged hit-and-run vehicle (see Matter of Progressive Northeastern Ins. Co. v Sheikh, 40 AD3d 763, 764 [2007]; Matter of Metropolitan Prop. & Cas. Co. v Sands, 5 AD3d 601, 602 [2004]). Rivera, J.E, Santucci, Eng and Chambers, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Eliezer Steinmetz appeals from an order of the Supreme Court, Rockland County (Nelson, J), dated July 30, 2007, which, after a hearing, granted the petition.

Ordered that the order is affirmed, with costs.

“Where, as here, a case is tried without a jury, this Court’s power to review the evidence is as broad as that of the trial court, ‘taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses’ ” (Terry v State of New York, 39 AD3d 846 [2007], quoting Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]). We decline to disturb the Supreme Court’s finding that there was no physical contact between the appellant’s vehicle and an alleged hit-and-run vehicle (see Matter of Progressive Northeastern Ins. Co. v Sheikh, 40 AD3d 763, 764 [2007]; Matter of Metropolitan Prop. & Cas. Co. v Sands, 5 AD3d 601, 602 [2004]). Rivera, J.E, Santucci, Eng and Chambers, JJ., concur.

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Bluebook (online)

51 A.D.3d 1022, 857 N.Y.S.2d 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-employees-insurance-v-steinmetz-nyappdiv-2008.

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