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IN RE LIBERTY MUTUAL INSUR. CO

Appellate Division of the Supreme Court of New York, First Department.
Dec 3, 2009
Important Paras
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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 AD2d 448; cf. Matter of New York Cent. Mut. Fire Ins. Co. [Reid], 34 AD3d 333).