Legal Opinion

Liberty Mutual Insurance v. Mohabir

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 2009PublishedCited by 1 opinion

1Opinion of the Court

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.

2Cases cited2 opinions

  1. AIU Insurance Co. v. CabrejaAppellate Division of the Supreme Court of the State of New York · 2003
  2. In re New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by1 opinion

  1. Matter of Allstate Ins. Co. v. HowellAppellate Division of the Supreme Court of the State of New York · 2017