Matter of Government Empls. Ins. Co. v Tuzzo |
2012 NY Slip Op 02875 [94 AD3d 996] |
April 17, 2012 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
In the Matter of Government Employees Insurance Company,
Respondent, v Ana Cristina Tuzzo et al., Respondents, and Hereford Insurance Company et al., Appellants. |
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Nancy L. Isserlis, Long Island City, N.Y. (Francis M. Cerniglia of counsel), for appellant Manuel Santana.
Gail S. Lauzon (Montfort, Healy, McGuire & Salley, Garden City, N.Y. [Donald S. Neuman, Jr.], of counsel), for petitioner-respondent.
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 Court 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.