Allstate Insurance v. Tae Hong Ji
Cases that cite this one
4 later published cases cite this decision.
- Matter of GEICO v. Selin (Appellate Division of the Supreme Court of New York 2014)
- Matter of Progressive Northwestern Ins. Co. v. Scott (Appellate Division of the Supreme Court of New York 2014)
- Government Employees Insurance v. Albino (Appellate Division of the Supreme Court of New York 2012)
- Government Employees Insurance v. Tuzzo (Appellate Division of the Supreme Court of New York 2012)
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, Tae Hong Ji and Yun Hee Ji appeal from (1) a decision of the Supreme Court, Queens County (Rios, J.), entered February 5, 2010, and (2) a judgment of the same court entered February 5, 2010, which, upon the decision, made after a framed-issue hearing, granted the petition and permanently stayed arbitration.
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the petitioner.
Where, as here, a case is determined after a hearing held before a justice, this Court’s power to review the evidence is as broad as that of the hearing court, taking into account in a close case the fact that the hearing judge had the advantage of seeing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Matter of Progressive Northeastern Ins. Co. v Harding, 63 AD3d 947 [2009]; Matter of New York Cent. Mut. Fire Ins. Co. v Vento, 63 AD3d 841, 844 [2009]; Matter of Government Empls. Ins. Co. v Steinmetz, 51 AD3d 1022 [2008]). We decline to disturb the Supreme Court’s finding that there was no physical contact between the appellants’ vehicle and an alleged hit-and-run vehicle (see Matter of Government Empls. Ins. Co. v Steinmetz, 51 AD3d at 1022).
Accordingly, the Supreme Court correctly granted the petition to permanently stay arbitration. Dillon, J.P., Covello, Florio and Hall, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.