Matter of Government Empls. Ins. Co. v. Boohit

Appellate Division of the Supreme Court of New York

Matter of Government Empls. Ins. Co. v. Boohit

122 A.D.3d 525, 997 N.Y.S.2d 384

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

DecidedNovember 20, 2014

Docket13580N 260824/11

StatusPublished

Cited by2 cases

This text of 122 A.D.3d 525 (Matter of Government Empls. Ins. Co. v. Boohit) 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

Matter of Government Empls. Ins. Co. v. Boohit, 122 A.D.3d 525, 997 N.Y.S.2d 384 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered March 31, 2014, which, following a framed-issue hearing, granted petitioner’s application to permanently stay an uninsured motorist arbitration, unanimously affirmed, without costs.

Petitioner established by admissible proof that a vehicle owned by additional respondent Regina Brodie and insured by additional respondent Nationwide Insurance Company was involved in the alleged accident. At the hearing, no objection was made to the admission of a police report containing the license plate number of the vehicle. Accordingly, the evidence is presumed to have been unobjectionable and any error is considered waived (CPLR 4017; Matter of Government Empls. Ins. Co. v Martin, 102 AD3d 523 [1st Dept 2013]). In any event, the contents of the police report were admissible under the present sense exception to the hearsay rule, as they were sufficiently corroborated by Brodie’s and respondent Mohanee Boohit’s testimony (see id.). No basis in the record exists to disturb the court’s credibility determinations (see Matter of American Tr. Ins. Co. v Wason, 50 AD3d 609, 609-610 [1st Dept 2008]).

Concur — Renwick, J.E, Saxe, Moskowitz and DeGrasse, JJ.

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Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered March 31, 2014, which, following a framed-issue hearing, granted petitioner’s application to permanently stay an uninsured motorist arbitration, unanimously affirmed, without costs.

Petitioner established by admissible proof that a vehicle owned by additional respondent Regina Brodie and insured by additional respondent Nationwide Insurance Company was involved in the alleged accident. At the hearing, no objection was made to the admission of a police report containing the license plate number of the vehicle. Accordingly, the evidence is presumed to have been unobjectionable and any error is considered waived (CPLR 4017; Matter of Government Empls. Ins. Co. v Martin, 102 AD3d 523 [1st Dept 2013]). In any event, the contents of the police report were admissible under the present sense exception to the hearsay rule, as they were sufficiently corroborated by Brodie’s and respondent Mohanee Boohit’s testimony (see id.). No basis in the record exists to disturb the court’s credibility determinations (see Matter of American Tr. Ins. Co. v Wason, 50 AD3d 609, 609-610 [1st Dept 2008]).

Concur — Renwick, J.E, Saxe, Moskowitz and DeGrasse, JJ.

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Bluebook (online)

122 A.D.3d 525, 997 N.Y.S.2d 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-government-empls-ins-co-v-boohit-nyappdiv-2014.

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