Ordered that the order is reversed, on the law, with costs to the appellant, and the matter is remitted to the Supreme Court, Richmond County, for (1) a hearing and determination as to whether there was any physical contact between the vehicle owned by Michael Loughran and the alleged "hit-and-run" vehicle, and (2) a de novo determination of the petition and amended cross petition.
The respondent was riding in a vehicle insured by the appellant
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