Appellate Division of the Supreme Court of New York, 1995

In re the Arbitration between St. Paul Fire & Marine Insurance

In re the Arbitration between St. Paul Fire & Marine Insurance
Appellate Division of the Supreme Court of New York · Decided February 7, 1995
212 A.D.2d 388; 623 N.Y.S.2d 102; 1995 N.Y. App. Div. LEXIS 1219
In re the Arbitration between St. Paul Fire & Marine Insurance

Opinion of the Court

—Order, Supreme Court, New York County (Alfred Toker, J.), entered June 23, 1993, after a nonjury trial, which inter alia, denied petitioner insurer’s application to stay arbitration of an respondent insured’s uninsured motorist claim and directed the parties to proceed to arbitration, unanimously affirmed, with costs.

The police report, MV 104 form and paid $200 repair bill that respondent submitted were sufficient to establish both his prompt reporting of the accident to the police and physical contact between the two vehicles, and, respondent’s equivocal testimony notwithstanding, we find no basis to disturb the trial court’s factual determinations. Concur—Ellerin, J. P., Kupferman, Asch, Nardelli and Williams, JJ.

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