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MATTER OF STATE FARM MUT. AUTO. INS. CO. v. BLUMEN

208 A.D.2d 752 (1994)

618 N.Y.S.2d 548

In the Matter of State Farm Mutual Automobile Insurance Company, Appellant, v. Eric Blumen, Respondent

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

October 17, 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 triable issue of fact exists regarding whether the offending vehicle was insured at the time of the accident. That issue should be resolved after a hearing (see, Matter of Eagle Ins. Co. v Tichman,

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