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Matter of Aetna Cas. Sur. Co. v. Arhaniotis

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1994
202 A.D.2d 497 (N.Y. App. Div. 1994)

Opinion

March 14, 1994

Appeal from the Supreme Court, Nassau County (Yachnin, J.).


Ordered that the order is reversed, on the law, with costs, the petition is granted to the extent of directing a hearing thereon and granting the petitioner leave to join Government Employees Insurance Company and Guenther A. Noeth as parties to the proceeding, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

Since a threshold question of fact was raised as to whether the offending vehicle was driven with the owner's permission, and thus, whether the offending vehicle was insured, the court should have directed a hearing on this issue and permitted joinder of the owner of the offending vehicle and his insurance carrier (see, Matter of Allstate Ins. Co. v. Farina, 69 A.D.2d 901; see also, Matter of Eagle Ins. Co. v. Tichman, 185 A.D.2d 884; Matter of Everready Ins. Co. v. Roman, 166 A.D.2d 530). Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.


Summaries of

Matter of Aetna Cas. Sur. Co. v. Arhaniotis

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1994
202 A.D.2d 497 (N.Y. App. Div. 1994)
Case details for

Matter of Aetna Cas. Sur. Co. v. Arhaniotis

Case Details

Full title:In the Matter of AETNA CASUALTY SURETY COMPANY, Appellant, v. GEORGE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 14, 1994

Citations

202 A.D.2d 497 (N.Y. App. Div. 1994)
609 N.Y.S.2d 31

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