94 A.D.3d 996 942 N.Y.S.2d 599

In the Matter of Government Employees Insurance Company, Respondent, v Ana Cristina Tuzzo et al., Respondents, and Hereford Insurance Company et al., Appellants.

[942 NYS2d 599]

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Hereford Insurance Company and Manuel Santana separately appeal from a judgment of the Supreme Court, Nassau County (Sher, J.), entered March 25, 2011, which, after a framed-issue hearing, granted the petition and permanently stayed arbitration.

Ordered that the judgment is affirmed, with one bill of costs.

Where, as here, a case is determined after a hearing held before a Justice of the Supreme Court, this Court’s power to review the evidence is as broad as that of the Supreme Court, taking into account in a close case the fact that the Supreme *997Court had the advantage of seeing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Matter of Government Empls. Ins. Co. v Albino, 91 AD3d 870, 871 [2012]; Matter of Allstate Ins. Co. v Tae Hong Ji, 81 AD3d 940, 940 [2011]). We decline to disturb the Supreme Court’s determination, made after a framed-issue hearing, that there was no physical contact between the insured vehicle and an alleged hit-and-run vehicle (see Matter of Government Empls. Ins. Co. v Albino, 91 AD3d at 871; Matter of Allstate Ins. Co. v Tae Hong Ji, 81 AD3d at 940; Matter of Government Empls. Ins. Co. v Steinmetz, 51 AD3d 1022 [2008]). Accordingly, the Supreme Court properly granted the petition and permanently stayed arbitration. Florio, J.P., Lott, Sgroi and Miller, JJ., concur.

Government Employees Insurance v. Tuzzo
94 A.D.3d 996 942 N.Y.S.2d 599

Case Details

Name
Government Employees Insurance v. Tuzzo
Decision Date
Apr 17, 2012
Citations

94 A.D.3d 996

942 N.Y.S.2d 599

Jurisdiction
New York

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