MATTER OF ST. FARM MUT. AUTO. INS. v. CASTRO

ORDERED that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

A triable issue of fact was raised as to whether the vehicle owned and operated by Anna Bou was insured by the Colonial Penn Insurance Company at the time of the accident. Accordingly, that issue should be resolved at a hearing ( see, American Transit Insurance Co. v. Story, 260 A.D.2d 240 [1st Dept., Apr. 15, 1997]; Matter of State Farm Mut. Auto. Ins. Co. v. Fenelon, 202 A.D.2d 436; Matter of Eagle Ins. Co. v. Tichman, 185 A.D.2d 884; Matter of Empire Mut. Ins. Co. v. Greaney, 156 A.D.2d 154).

RITTER, J.P., JOY, GOLDSTEIN, and McGINITY, JJ., concur.