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Liberty Mutual Insurance v. MohabirLiberty Mutual Insurance v. Mohabir

Appellate Division of the Supreme Court of the State of New York
Dec 3, 2009
Versions:68 A.D.3d 435
888 N.Y.2d 881

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.

Case Details

Case Name: Liberty Mutual Insurance v. Mohabir
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 3, 2009
Citations: 68 A.D.3d 435; 888 N.Y.2d 881
Court Abbreviation: N.Y. App. Div.
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