Matter of Liberty Mut. Ins. Co. v Mohabir

Matter of Liberty Mut. Ins. Co. v Mohabir 2009 NY Slip Op 08958 [68 AD3d 435] December 3, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Liberty Mutual Insurance Company, Respondent,
v
Surujdat Mohabir et al., Respondents, and Progressive Insurance Company et al., Appellants.

—[*1] Buratti, Kaplan, McCarthy & McCarthy, Yonkers (Michael A. Zarkower of counsel), for appellants.

Burke Lipton & Gordon, White Plains (Philip J. Dillon of counsel), for respondent.

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 Appeal from order, same court and Justice, entered March 28, 2008, unanimously dismissed as superseded by the appeal from the order of July 31, 2008.

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]). Concur—Saxe, J.P., Friedman, Moskowitz, Freedman and Richter, JJ.