In re the Arbitration between Braddy & Continental Insurance

Appellate Division of the Supreme Court of New York

In re the Arbitration between Braddy & Continental Insurance

29 A.D.2d 523, 285 N.Y.S.2d 373, 1967 N.Y. App. Div. LEXIS 2777

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

DecidedDecember 14, 1967

StatusPublished

This text of 29 A.D.2d 523 (In re the Arbitration between Braddy & Continental Insurance) 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

In re the Arbitration between Braddy & Continental Insurance, 29 A.D.2d 523, 285 N.Y.S.2d 373, 1967 N.Y. App. Div. LEXIS 2777 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order entered July 10, 1967, herein appealed from, unanimously reversed, on the law, without costs or disbursements, and the matter remanded to Special Term for the submission of further affidavits by claimant to establish, prima facie, actual physical contact between the vehicle occupied by claimant and the alleged hit-and-run vehicle. The burden was upon claimant to show, at least prima facie, that actual physical contact occurred (cf. Matter of MVAIG [Post], 18 A D 2d 905). This burden could have been met, and may yet be met, by claimant’s affidavit to that effect. Affidavit of counsel without knowledge of the facts, or even the police aided card when the officer making such card was not a witness to the occurrence, will not- suffice when the issue of actual physical contact is raised. Leave is granted appellant to submit any proof it might have that no physical contact occurred as claimed and if a triable issue be raised, that issue should then be resolved by trial. Concur— Stevens, J. P., Eager, Steuer, Rabin and McGivern, JJ.

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Order entered July 10, 1967, herein appealed from, unanimously reversed, on the law, without costs or disbursements, and the matter remanded to Special Term for the submission of further affidavits by claimant to establish, prima facie, actual physical contact between the vehicle occupied by claimant and the alleged hit-and-run vehicle. The burden was upon claimant to show, at least prima facie, that actual physical contact occurred (cf. Matter of MVAIG [Post], 18 A D 2d 905). This burden could have been met, and may yet be met, by claimant’s affidavit to that effect. Affidavit of counsel without knowledge of the facts, or even the police aided card when the officer making such card was not a witness to the occurrence, will not- suffice when the issue of actual physical contact is raised. Leave is granted appellant to submit any proof it might have that no physical contact occurred as claimed and if a triable issue be raised, that issue should then be resolved by trial. Concur— Stevens, J. P., Eager, Steuer, Rabin and McGivern, JJ.

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Bluebook (online)

29 A.D.2d 523, 285 N.Y.S.2d 373, 1967 N.Y. App. Div. LEXIS 2777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-braddy-continental-insurance-nyappdiv-1967.