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Liberty Mutual Insurance Co. v. Mohabir

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 3, 2009

IN RE LIBERTY MUTUAL INSURANCE COMPANY, PETITIONER-RESPONDENT,
v.
SURUJDAT MOHABIR, ET AL., RESPONDENTS, PROGRESSIVE INSURANCE COMPANY, ETC., ET AL., ADDITIONAL RESPONDENTS-APPELLANTS.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered July 31, 2008, which granted reargument and adhered to the prior determination granting the petition to stay an uninsured motorist arbitration pending a framed-issue hearing on insurance coverage and added additional respondents to the proceeding, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered March 28, 2008, unanimously dismissed as superseded by the appeal from the order of July 31, 2008.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Friedman, Moskowitz, Freedman, Richter, JJ.

18827/07

Supreme Court correctly determined that petitioner presented a prima facie case that additional respondent Singh's vehicle was involved in the accident, which, in view of Singh's sworn denial of involvement, raises a genuine triable issue of fact justifying a stay pending a framed-issue hearing to determine whether the offending vehicle was his (see Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448 [2003]; cf. Matter of New York Cent. Mut. Fire Ins. Co. [Reid], 34 AD3d 333 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091203

© 1992-2009 VersusLaw Inc.



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