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IN THE MATTER of ALLSTATE INSURANCE COMPANY, Appellant, v. MICHAEL McMAHON, Respondent.

Ordered that the 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 by any fair interpretation of the evidence, especially in cases resting in large part on the credibility of witnesses ( see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490; Syragakis v. Majestic Assocs., 240 A.D.2d 561; Astoria Fed. Sav. Loan Assn. v. Thrift Assns. Serv. Corp., 237 A.D.2d 475). Here, a review of the record supports the trial court's conclusion that there was physical contact between the two vehicles at issue and that a report of the accident was timely made to the petitioner.

Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.

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MATTER OF ALLSTATE INS. CO. v. McMAHON
(Jun 22, 1998)