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MATTER OF AMERICAN TR. INS. CO. v. LEAR

Index No. 23417/17. Appeal No. 17625. Case No. 2022-1365.

214 A.D.3d 585 (2023)

184 N.Y.S.3d 598

2023 NY Slip Op 01736

In the Matter of American Transit Insurance Company, Respondent, v. Ann Lear, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 30, 2023.

Attorney(s) appearing for the Case

Mitchell Dranow , Sea Cliff, for appellant.

Baker, McEvoy & Moskovits, Brooklyn ( Marjorie E. Bornes of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Webber, Friedman, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered on or about February 15, 2022, which granted the petition to stay arbitration, unanimously affirmed, without costs.

A fair interpretation of the testimony presented at the framed-issue hearing supports the court's determination that the taxi in which respondent was a passenger was not involved in a rear-end accident as respondent claims, and that even if...

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