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MATTER OF NOVA CASUALTY COMPANY v. MUSCO

48 A.D.3d 572 (2008)

852 N.Y.S.2d 229

In the Matter of NOVA CASUALTY COMPANY, Appellant, v. TYRONE MUSCO et al., Respondents.

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

Decided February 13, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The petitioner Nova Casualty Company (hereinafter Nova) commenced this proceeding, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits on the ground that there was no physical contact between its insured (the respondent Tyrone Musco) and an alleged hit-and-run vehicle (a van). After a framed-issue hearing as to physical contact, the Supreme Court denied the...

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