In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for uninsured motorist benefits, claimant Boris Goldenberg appealed from an order of the Supreme Court, Richmond County (Cannizzaro, J.H.O.), which, after a hearing, granted the petition. The Appellate Division affirmed.

Contrary to the appellants contention, the Supreme Court was free to disbelieve the appellants uncontroverted testimony on the issue of whether he timely reported the subject accident to the police (see Matter of Nowakowski, 2 N.Y.2d 618; Mynarski v Ravo, 72 A.D.2d 741). Under the facts of this case, we decline to disturb the Supreme Courts determination.

Comment: I dont know what the facts of this case were, but the claimant must have made a pretty poor witness for the judge to choose to disbelieve him in the absence of any testimony to the contrary. The point of law, while simple, is very significant: a trier of fact may decide that a witness is not credible even in the absence of rebuttal testimony.

Matter of Government Employees Ins. Co. v. Boris Goldenberg, 2006 NY Slip Op 08245 (2d Dept 2006)