Merchants Mutual Insurance Group v. Idore

In a proceeding pursuant to CFLR article 75 to stay arbitration of a claim for uninsured motorist benefits, the appeal is from an order of the Supreme Court, Queens County (Schmidt, J.), entered May 6, 2003, which, after a hearing, granted the petition and permanently stayed the arbitration.

Ordered that the order 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…