MATTER OF CRUM & FORSTER INS. COS.


76 A.D.2d 864 (1980)

In the Matter of the Arbitration between Crum & Forster Insurance Companies, Appellant, and Anthony J. Formisano, Respondent

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

June 9, 1980


Judgment affirmed, without costs or disbursements.

The record reveals that at the hearing on petitioner's application to stay arbitration, respondent's testimony on direct examination that he "felt" the other car hit his truck shortly after he tried to avoid a collision by driving off the road, was inconsistent with evidence adduced on cross-examination of statements he made prior to the hearing to the effect that he had no recollection of the accident. Moreover,...

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