Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision ( see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509); and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the petitioner.
Where, as here, a case is determined after a hearing held before a justice, this Court's power to review the evidence is as broad as that of the hearing court, taking into account in a close case the fact that the hearing judge had the advantage of seeing the witnesses ( see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499; Matter of Progressive Northeastern Ins. Co. v Harding, 63 AD3d 947; Matter of New York Cent. Mut. Fire Ins. Co. v Vento, 63 AD3d 841, 844; Matter of Government Empls. Ins. Co. v Steinmetz, 51 AD3d 1022). We decline to disturb the Supreme Court's finding that there was no physical contact between the appellants' vehicle and an alleged hit-and-run vehicle ( see Matter of Government Empls. Ins. Co. v Steinmetz, 51 AD3d at 1022).
Accordingly, the Supreme Court correctly granted the petition to permanently stay arbitration.