MATTER OF EAGLE INS. CO. v. PATRIK


233 A.D.2d 327 (1996)

649 N.Y.S.2d 189

In the Matter of Eagle Insurance Company, Respondent, v. Olga Patrik et al., Respondents, and American Motorists Insurance Company, Appellant

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

November 4, 1996


Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal from that portion of the order which directed a hearing on the issue of whether it insured the offending vehicle, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by Eagle Insurance Company, the petition is denied, and Eagle Insurance Company...

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