February 27, 2014
In re National Continental Insurance Company, Petitioner-Respondent,
Bashkim Brojaj, etc., Respondent-Appellant.
Raphaelson & Levine Law Firm, P.C., New York (Gencian Gjoni of counsel), for appellant.
Adams, Hanson, Rego, Carlin, Kaplan & Fishbein, Yonkers (Michael A. Zarkower of counsel), for respondent.
Tom, J.P., Friedman, Saxe, Richter, Clark, JJ.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about December 6, 2012, which granted the petition for a permanent stay of arbitration of an uninsured motorist claim, unanimously affirmed, without costs.
Supreme Court, based on the evidence presented at a framed issue hearing, concluded that there was no contact between the truck driven by respondent and an unidentified car. Respondent's testimony was not credited by Supreme Court and there is no basis to upset such finding (see Travelers Prop. & Cas. Co., 82 A.D.3d at 402).