New York Central Mutual Fire Insurance v. Accardo
Cases that cite this one
3 later published cases cite this decision.
- State Farm Fire & Casualty Co. v. Hayes (Appellate Division of the Supreme Court of New York 2010)
- Fiduciary Insurance Co. of America v. Morris (Appellate Division of the Supreme Court of New York 2011)
- State Farm Mutual Automobile Insurance v. Ellington (Appellate Division of the Supreme Court of New York 2006)
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 stay arbitration of an uninsured motorist claim, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered January 17, 2002, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
The determination of the fact-finding court should not be disturbed on appeal unless its conclusions could not be reached on any fair interpretation of the evidence, especially where, as here, the determination turns largely upon the credibility of the lone witness (see Matter of CGU Ins. Co. v Velez, 287 AD2d 624; Matter of American Home Assur. Co. v Munoz, 287 AD2d 619). The Supreme Court’s determination that the presumption of permissive use was overcome was supported by substantial evidence (see Vehicle and Traffic Law § 388; Matter of Allstate Indem. Co. v Nelson, 285 AD2d 545).
In light of our determination, the appellant’s remaining contentions are academic. Altman, J.P., Florio, O’Brien and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.