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MATTER OF PROGRESSIVE NORTHEASTERN INSURANCE COMPANY v. HARDING

63 A.D.3d 947 (2009)

880 N.Y.S.2d 536

In the Matter of PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Appellant, v. RONNY D. HARDING, Respondent.

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

Decided June 16, 2009.

Ordered that the order is affirmed, with costs.

The record supports the Supreme Court's determination that there was physical contact between the vehicle of the petitioner's insured and an unidentified vehicle (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 N.Y.2d 492, 499 [1983]). Accordingly, the Supreme Court properly denied the petition and, in effect, directed the parties to proceed to arbitration...

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