302 A.D.2d 462 754 N.Y.S.2d 584

In the Matter of Government Employees Insurance Company, Respondent, v Courtney Small, Appellant.

[754 NYS2d 584]

In a proceeding to permanently stay arbitration of an uninsured motorist claim, Courtney Small appeals from a *463judgment of the Supreme Court, Kings County (Silverman, J.H.O.), dated January 23, 2002, which, after a hearing, granted the petition.

Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the appellant’s contention, the trial court properly granted the petition and permanently stayed arbitration of the appellant’s claim since the appellant failed to prove physical contact with another vehicle (cf. Insurance Law § 5217; Matter of Allstate Ins. Co. v Killakey, 78 NY2d 325). Altman, J.P., Smith, McGinity and Townes, JJ., concur.

Government Employees Insurance v. Small
302 A.D.2d 462 754 N.Y.S.2d 584

Case Details

Name
Government Employees Insurance v. Small
Decision Date
Feb 10, 2003
Citations

302 A.D.2d 462

754 N.Y.S.2d 584

Jurisdiction
New York

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