MATTER OF INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY v. McBRIDE


288 A.D.2d 474 (2001)

732 N.Y.S.2d 905

In the Matter of INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, Appellant, v. TARA McBRIDE, Respondent. SONIA MALDONADO et al., Proposed Additional Respondents.

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

Decided November 26, 2001.


Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for an evidentiary hearing in accordance herewith.

The records of the Department of Motor Vehicles submitted by the parties indicate that there is an issue of fact as to whether the vehicle which was involved in the underlying accident was insured at the time of the accident (see, Matter of Allstate Ins. Co. v Moore...

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