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MATTER OF ATLANTIC MUTUAL INS. CO. v. ROTH

Appellate Division of the Supreme Court of New York, Second Department.
Sep 28, 1998

Ordered that the order is affirmed, with costs.

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 Aetna Life Cas. v. Gramazio, 242 A.D.2d 530).

The appellant's remaining contentions are unpreserved for appellate review and, in any event, are without merit.

Sullivan, J.P., Altman, Friedmann and McGinity, JJ., concur.