green
Positive treatment
published
6.0 score
Cited for
At page 435 cited at this page1 citing case
- Matter of Allstate Ins. Co. v. Howell, 151 A.D.3d 461 (N.Y. App. Div. 1st Dep't 2017).publishedCo. v Mohabir, 68 AD3d 435, 435 [1st Dept 2009]).
Retrieving the full opinion text from the archive…
In the Matter of Liberty Mutual Insurance Company
v.
Surujdat Mohabir, and Progressive Insurance Company
v.
Surujdat Mohabir, and Progressive Insurance Company
Appellate Division of the Supreme Court of the State of New York.
Dec 3, 2009.
Published opinion
Cited by 1 opinion | Published
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.