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MATTER OF AETNA LIFE & CAS. v. GRAMAZIO

242 A.D.2d 530 (1997)

662 N.Y.S.2d 273

In the Matter of Aetna Life & Casualty, Appellant, v. Gloria Gramazio, Respondent

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

September 8, 1997

Ordered that the judgment is affirmed, with costs.

Physical contact is a condition precedent to an arbitration based on a so-called hit-and-run accident (see, Insurance Law § 5217; Matter of Federal Ins. Co. v Luhmann, 229 A.D.2d 438; Matter of Atlantic Mut. Ins. Co. v Shaw, 222 A.D.2d 581). Since there was a question of fact as to whether physical contact occurred, the...

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