GOV'T EMPLOYEES INS. CO. v. GOLDSCHLAGER


44 A.D.2d 715 (1974)

Government Employees Insurance Company, Respondent, v. Leslie Goldschlager, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 29, 1974


Judgment affirmed, without costs.

Trial Term determined that the claimants (appellant and the passenger in his automobile) failed to sustain their burden of proving by a fair preponderance of the credible evidence that there was "physical contact between claimants' automobile and an automobile, the owner and/or driver of which was either unknown or uninsured." We disagree with Trial Term's factual determination and conclude, based on the entire record, that sufficient...

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