MATTER OF ATL. MUT. INS. CO. v. SHAW


222 A.D.2d 581 (1995)

635 N.Y.S.2d 297

In the Matter of Atlantic Mutual Insurance Company, Respondent, v. Nejhla Shaw, Appellant

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

December 18, 1995


Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the issue of whether or not there was physical contact between the vehicle insured by the petitioner and the alleged offending vehicle.

Physical contact is a condition precedent to an arbitration that is based on a so-called hit-and-run accident (see, Insurance Law § 5217;

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