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Matter of State Farm v. Marshall

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2000
275 A.D.2d 417 (N.Y. App. Div. 2000)

Opinion

Submitted May 24, 2000

August 21 2000.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (O'Shaughnessy, J.H.O.), dated August 23, 1999, which, after a hearing, granted the petition and permanently stayed arbitration.

Campbell Holder, New York, N.Y., for appellant.

Richard C. Mull, Martin Fallon Mull counsel, for petitioner-respondent.

Before: GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The determination of the fact-finding court should not be disturbed on appeal unless the court's conclusions could not be reached by any fair interpretation of the evidence, especially in cases resting in large part on the credibility of witnesses (see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490; Matter of Tri-State Consumer Ins. Co. v. Dabush, 264 A.D.2d 848; Matter of Allstate Ins. Co. v. McMahon, 251 A.D.2d 571; Matter of Aetna Life Cas. v. Gramazio, 242 A.D.2d 530). Here, the court's determination that the appellant was not involved in a collision with an uninsured motorist is supported by a fair interpretation of the evidence.


Summaries of

Matter of State Farm v. Marshall

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2000
275 A.D.2d 417 (N.Y. App. Div. 2000)
Case details for

Matter of State Farm v. Marshall

Case Details

Full title:IN THE MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 21, 2000

Citations

275 A.D.2d 417 (N.Y. App. Div. 2000)
712 N.Y.S.2d 879

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