Government Employees Insurance v. Goldschlager

In a proceeding pursuatit to CPLR 7503 to stay arbitration which was sought by appellant under an automobile insurance policy, the appeal is from a judgment of the Supreme Court, Kings County, entered February 27, 1973, after a nonjury trial, which granted the application and permanently stayed the arbitration. Judgment affirmed, without costs. Trial Term determined that the claimants (appellant and the passenger in his automobile) failed to sustain their burden of proving by a fair preponderance of the credible evidence that there was “physical contact between claimants’ automobile and an…