State Farm Mutual Insurance Companies v. Goldberg

Appellate Division of the Supreme Court of New York

State Farm Mutual Insurance Companies v. Goldberg

226 A.D.2d 115, 640 N.Y.S.2d 504, 1996 N.Y. App. Div. LEXIS 3299

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

DecidedApril 2, 1996

StatusPublished

This text of 226 A.D.2d 115 (State Farm Mutual Insurance Companies v. Goldberg) 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

State Farm Mutual Insurance Companies v. Goldberg, 226 A.D.2d 115, 640 N.Y.S.2d 504, 1996 N.Y. App. Div. LEXIS 3299 (N.Y. Ct. App. 1996).

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Opinion

Judgment, Supreme Court, Nassau County (Michael Trainor, Special Referee), entered on or about December 23, 1994, which, upon an order of said court (Geoffrey [116]*116O’Connell, J.), entered on or about April 15,1994, referring the matter to a Referee to hear and determine, adjudged that respondent-appellant was not injured as the result of contact with a hit-and-run motor vehicle, and permanently stayed him from seeking arbitration for uninsured motorist benefits, unanimously affirmed, without costs.

Since the Referee’s conclusions could have been reached under a fair interpretation of the evidence adduced at the framed issue hearing and given that the findings of fact rest in large measure on considerations relating to the credibility of witnesses (see, Richard’s Home Ctr. & Lbr. v Kraft, 199 AD2d 254), we decline to disturb the fact finder’s determination. The contentions appellant now raises with respect to certain hearsay statements about a call received by a police lieutenant are not preserved. In any event, appellant stipulated to the statements at the hearing to obviate the need to have the lieutenant testify (see, Baecher v Baecher, 58 AD2d 821, lv denied 43 NY2d 645). Concur—Rosenberger, J. P., Wallach, Kupferman, Nardelli and Williams, JJ.

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Judgment, Supreme Court, Nassau County (Michael Trainor, Special Referee), entered on or about December 23, 1994, which, upon an order of said court (Geoffrey [116]*116O’Connell, J.), entered on or about April 15,1994, referring the matter to a Referee to hear and determine, adjudged that respondent-appellant was not injured as the result of contact with a hit-and-run motor vehicle, and permanently stayed him from seeking arbitration for uninsured motorist benefits, unanimously affirmed, without costs.

Since the Referee’s conclusions could have been reached under a fair interpretation of the evidence adduced at the framed issue hearing and given that the findings of fact rest in large measure on considerations relating to the credibility of witnesses (see, Richard’s Home Ctr. & Lbr. v Kraft, 199 AD2d 254), we decline to disturb the fact finder’s determination. The contentions appellant now raises with respect to certain hearsay statements about a call received by a police lieutenant are not preserved. In any event, appellant stipulated to the statements at the hearing to obviate the need to have the lieutenant testify (see, Baecher v Baecher, 58 AD2d 821, lv denied 43 NY2d 645). Concur—Rosenberger, J. P., Wallach, Kupferman, Nardelli and Williams, JJ.

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Bluebook (online)

226 A.D.2d 115, 640 N.Y.S.2d 504, 1996 N.Y. App. Div. LEXIS 3299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-insurance-companies-v-goldberg-nyappdiv-1996.

Opinion

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