MATTER OF EAGLE INS. CO. v. OLEPHANT


81 A.D.2d 886 (1981)

In the Matter of Eagle Insurance Company, Appellant, v. Seymour Olephant, Respondent-Respondent, and State Farm Mutual Insurance Company, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 18, 1981


Judgment reversed, on the law, without costs or disbursements, and proceeding remitted to Special Term for a hearing and new determination in accordance herewith.

The registration application form kept at the Department of Motor Vehicles revealed that the offending vehicle had been registered with an insurance certificate bearing Code No. 328, the number assigned to State Farm Insurance Company. In addition to being evidence sufficient to raise a triable issue of...

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