Appellate Division of the Supreme Court of New York, 2001

Government Employees Insurance v. Allen

Appellate Division of the Supreme Court of New York · Decided January 22, 2001

279 A.D.2d 576; 719 N.Y.S.2d 601; 2001 N.Y. App. Div. LEXIS 603

Cases that cite this one

2 later published cases cite this decision.

Government Employees Insurance v. Moore (Appellate Division of the Supreme Court of New York 2002)
American Home Assurance Co. v. Munoz (Appellate Division of the Supreme Court of New York 2001)

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 to stay arbitration of an uninsured motorist claim, the additional respondent Salvation Army appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), dated February 4, 2000, which granted the petition.

Ordered that the order is affirmed, with costs.

The decision of the fact-finding court should not be disturbed on appeal unless the court’s conclusions could not be reached on any fair interpretation of the evidence, especially in cases resting in large part on the credibility of witnesses (see, Matter of State Farm Mut. Auto. Ins. Co. v Mucerino, 275 AD2d 464; Matter of Allstate Ins. Co. v McMahon, 251 AD2d 571, 572). *577Here, a review of the record supports the Supreme Court’s conclusion that the appellant’s vehicle was involved in the accident at issue. Since there was no dispute that the appellant’s vehicle was insured, the petition to stay arbitration was properly granted. Ritter, J. P., Friedmann, H. Miller and Feuerstein, JJ., concur.

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