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MATTER OF MERITPLAN INS. CO.

81 A.D.2d 888 (1981)

In the Matter of the Arbitration between Meritplan Insurance Company, Appellant, and Arthur Stone et al., Respondent. In the Matter of the Arbitration between Nationwide Mutual Insurance Company, Respondent, and Arthur Stone, Respondent

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

May 18, 1981

Judgment affirmed, with one bill of costs payable to respondents Nationwide and Stone.

Whether the accident involved physical contact between claimant Arthur Stone's motorcycle and the alleged hit-and-run vehicle was a question of fact for the Trial Judge. His determination of this question in favor of the claimant is not against the weight of the evidence in the record and must be affirmed (see Matter of Yerks [MVAIC...

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