Opinion
2002-02655
Submitted January 9, 2003.
February 13, 2003.
In a proceeding to permanently stay arbitration of an uninsured motorist claim, Courtney Small appeals from a judgment of the Supreme Court, Kings County (Silverman, J.H.O.), dated January 23, 2002, which, after a hearing, granted the petition.
Cheryl Kitton, Bellmore, N.Y. (Susan R. Nudelman of counsel), for appellant.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, LEO F. McGINITY, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, without costs or disbursements.
Contrary to the appellant's contention, the trial court properly granted the petition and permanently stayed arbitration of the appellant's claim since the appellant failed to prove physical contact with another vehicle (cf. Insurance Law § 5217; Matter of Allstate Ins. Co. v. Killakey, 78 N.Y.2d 325).
ALTMAN, J.P., SMITH, McGINITY and TOWNES, JJ., concur.