Lumbermens Mutual Casualty Co. v. Nespolini

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered January 18, 2000, which, to the extent appealed from as limited by the briefs, denied petitioner’s motion for a framed issue hearing on the basis that no issues of fact exist, unanimously reversed, on the law and the facts, without costs, and the motion granted to the extent of remanding this matter to the motion court to conduct a framed issue hearing as to whether respondent was involved in a hit-and-run accident.

It is well settled that, should the question be raised, the court, and not an arbitrator, must resolve the…