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MATTER OF AETNA CAS. & SUR. CO. v. CARTER

204 A.D.2d 441 (1994)

614 N.Y.S.2d 186

In the Matter of Aetna Casualty and Surety Company, Appellant, v. Carolyn Carter, Respondent

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

May 9, 1994

Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

We find that a threshold triable issue of fact was raised as to whether the offending vehicle was insured at the time of the accident. Accordingly, that issue should be resolved at a hearing (see, Matter of Insurance Co. v Hartfield, 143 A.D.2d 667

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