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MATTER OF LIBERTY MUTUAL INSURANCE COMPANY v. MOHABIR

419N, 18827/07

68 A.D.3d 435 (2009)

2009 NY Slip Op 8958

888 N.Y.S.2d 881

In the Matter of LIBERTY MUTUAL INSURANCE COMPANY, Respondent, v. SURUJDAT MOHABIR et al., Respondents, and PROGRESSIVE INSURANCE COMPANY, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 3, 2009.

Supreme Court correctly determined that petitioner presented a prima facie case that additional respondent Singh's vehicle was involved in the accident, which, in view of Singh's sworn denial of involvement, raises a genuine triable issue of fact justifying a stay pending a framed-issue hearing to determine whether the offending vehicle was his (see Matter of AIU Ins. Co. v Cabreja, 301 A.D.2d 448 [2003]; cf. Matter of New York...

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