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MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY v. PAILLANT

269 A.D.2d 451 (2000)

702 N.Y.S.2d 883

In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent, v. AMBROISE PAILLANT, Respondent. ROXANNE J. CUMMINGS et al., Proposed Additional Respondents; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Proposed Additional Appellant.

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

Decided February 14, 2000.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the matter is remitted to the Supreme Court, Kings County, for the joinder of State Farm Mutual Automobile Insurance Company, Roxanne J. Cummings, and Leonard Roy Griffith as necessary parties, and a new determination of the petition in accordance herewith.

The documents submitted by the parties raised issues of fact as to whether the offending vehicle was uninsured within the...

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