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Matter of Allstate Ins. Co. v. McMahon

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 571 (N.Y. App. Div. 1998)

Opinion

June 22, 1998

Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).


Ordered that the judgment is affirmed, with costs.

It is well established that the decision of the fact-finding court should not be disturbed on appeal unless the court's conclusions could not be reached by any fair interpretation of the evidence, especially in cases resting in large part on the credibility of witnesses ( see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490; Syragakis v. Majestic Assocs., 240 A.D.2d 561; Astoria Fed. Sav. Loan Assn. v. Thrift Assns. Serv. Corp., 237 A.D.2d 475). Here, a review of the record supports the trial court's conclusion that there was physical contact between the two vehicles at issue and that a report of the accident was timely made to the petitioner.

Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.


Summaries of

Matter of Allstate Ins. Co. v. McMahon

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 571 (N.Y. App. Div. 1998)
Case details for

Matter of Allstate Ins. Co. v. McMahon

Case Details

Full title:IN THE MATTER of ALLSTATE INSURANCE COMPANY, Appellant, v. MICHAEL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 22, 1998

Citations

251 A.D.2d 571 (N.Y. App. Div. 1998)
673 N.Y.S.2d 932

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