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MATTER OF AMERICAN TR. INS. CO. v. HOSSAIN

8440, 113263/10.

100 A.D.3d 421 (2012)

953 N.Y.S.2d 198

In the Matter of AMERICAN TRANSIT INSURANCE COMPANY, Respondent, v. MOHAMMAD S. HOSSAIN, Respondent. STATE FARM AUTOMOBILE INS. CO., Proposed Additional Respondent-Appellant, et al., Proposed Additional Respondent.

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

November 8, 2012.

The default judgment in State Farm's favor issued in Nassau County Supreme Court did not have collateral estoppel effect precluding the determination by the Special Referee (see Kaufman v Eli Lilly & Co., 65 N.Y.2d 449, 456-457 [1985]; Stumpf AG v Dynegy Inc., 32 A.D.3d 232, 233 [1st Dept 2006]).

The evidence at the framed-issue hearing was insufficient to establish lack of cooperation...

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