State Farm Mutual Automobile Insurance v. Castro

Appellate Division of the Supreme Court of New York

State Farm Mutual Automobile Insurance v. Castro

266 A.D.2d 464, 698 N.Y.S.2d 535, 1999 N.Y. App. Div. LEXIS 12031

Appellate Division of the Supreme Court of the State of New York·Decided November 22, 1999·Published·Cited by 1 cases

Opinion

—In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Lockman, J.), dated October 16, 1998, which denied the petition without a hearing.

Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

A triable issue of fact was raised as to whether the vehicle [465] owned and operated by Anna Bou was insured by the Colonial Penn Insurance Company at the time of the accident. Accordingly, that issue should be resolved at a hearing (see, American Tr. Ins. Co. v Story, 260 AD2d 240; Matter of State Farm Mut. Auto. Ins. Co. v Fenelon, 202 AD2d 436; Matter of Eagle Ins. Co. v Tichman, 185 AD2d 884; Matter of Empire Mut. Ins. Co. [Greaney], 156 AD2d 154). Ritter, J. P., Joy, Goldstein and Mc-Ginity, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Lockman, J.), dated October 16, 1998, which denied the petition without a hearing.

Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

A triable issue of fact was raised as to whether the vehicle [465] owned and operated by Anna Bou was insured by the Colonial Penn Insurance Company at the time of the accident. Accordingly, that issue should be resolved at a hearing (see, American Tr. Ins. Co. v Story, 260 AD2d 240; Matter of State Farm Mut. Auto. Ins. Co. v Fenelon, 202 AD2d 436; Matter of Eagle Ins. Co. v Tichman, 185 AD2d 884; Matter of Empire Mut. Ins. Co. [Greaney], 156 AD2d 154). Ritter, J. P., Joy, Goldstein and Mc-Ginity, JJ., concur.

State Farm Mutual Automobile Insurance v. Castro, 266 A.D.2d 464, 698 N.Y.S.2d 535, 1999 N.Y. App. Div. LEXIS 12031 (N.Y. Ct. App. 1999).

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