Opinion
May 9, 1994
Appeal from the Supreme Court, Nassau County (O'Brien, J.).
Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.
We find that a threshold triable issue of fact was raised as to whether the offending vehicle was insured at the time of the accident. Accordingly, that issue should be resolved at a hearing (see, Matter of Insurance Co. v. Hartfield, 143 A.D.2d 667; National Grange Mut. Ins. Co. v. Diaz, 111 A.D.2d 700; Matter of Eagle Ins. Co. v. Olephant, 81 A.D.2d 886). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.