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IN THE MATTER OF METROPOLITAN PROPERTY AND CASUALTY COMPANY, petitioner-respondent, v. READE SANDS, appellant; GOVERNMENT EMPLOYEES INSURANCE COMPANY, nonparty-respondent.

DECISION ORDER

ORDERED that the order and judgment 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 on any fair interpretation of the evidence, especially in cases resting in large part on the credibility of witnesses" ( Matter of Allstate Ins. Co. v. McMahon, 251 A.D.2d 571, 572; see Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495; Matter of State Farm Mut. Auto. Ins. Co. v. Mucerino, 275 A.D.2d 464; Matter of Aetna Life Cas. v. Gramazio, 242 A.D.2d 530). The determination that there was no physical contact between the appellant's automobile and an alleged hit-and-run vehicle is supported by a fair interpretation of the evidence adduced at the hearing and should not be disturbed ( see Matter of State Farm Mut. Auto. Ins. Co. v. Mucerino, supra; Atlantic Mut. Ins. Co. v. Roth, 253 A.D.2d 875; Matter of Aetna Life Cas. v. Gramazio, supra).

RITTER, J.P., H. MILLER, CRANE and COZIER, JJ., concur.

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IN THE MATTER OF METRO. PROP. CAS. CO
(Mar 15, 2004)