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MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. JOHNSON

287 A.D.2d 640 (2001)

732 N.Y.S.2d 21

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. VALARIE JOHNSON et al., Respondents.

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

Decided October 22, 2001.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, to determine, after a hearing, the issue of whether there was any physical contact between the vehicle owned by Elsie Toussaint and the alleged hit-and-run vehicle.

Physical contact is a condition precedent to an arbitration based upon a hit-and-run accident involving an unidentified vehicle (see...

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