Appellate Division of the Supreme Court of New York, 2000

State Farm Mutual Automobile Insurance v. Marshall

Appellate Division of the Supreme Court of New York · Decided August 21, 2000

275 A.D.2d 417; 712 N.Y.S.2d 879; 2000 N.Y. App. Div. LEXIS 8836

Cases that cite this one

2 later published cases cite this decision.

Conquest Cleaning Corp. v. New York City School Construction Authority (Appellate Division of the Supreme Court of New York 2003)
Kaniklidis v. 235 Lincoln Place Housing Corp. (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), dated *418August 23, 1999, which, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The determination of the fact-finding court should not be disturbed on appeal unless the court’s conclusions could not be reached by any fair interpretation of the evidence, especially in cases resting in large part on the credibility of witnesses (see, Thoreson v Penthouse Intl., 80 NY2d 490; Matter of Tri-State Consumer Ins. Co. v Dabush, 264 AD2d 848; Matter of Allstate Ins. Co. v McMahon, 251 AD2d 571; Matter of Aetna Life & Cas. v Gramazio, 242 AD2d 530). Here, the court’s determination that the appellant was not involved in a collision with an uninsured motorist is supported by a fair interpretation of the evidence. Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.