Opinion
March 9, 1998
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Ordered that the order dated April 1, 1997, is reversed insofar as appealed from, on the law, with costs, the order dated September 20, 1996, is vacated, and the matter is remitted to the Supreme Court, Nassau County, for the joinder of the proposed additional respondents Liberty Mutual Insurance Company, Allstate Insurance Company, and Jules Brandon, and a framed-issue hearing on the issue of whether the offending vehicle was insured at the time of the accident.
The Supreme Court erred in determining that the proposed additional respondent insurance companies, Liberty Mutual Insurance Company and Allstate Insurance Company, insured the offending vehicle at the time of the accident in question without adding them and Jules Brandon, the owner of the offending vehicle, as respondents to the proceeding and conducting a hearing ( see, Matter of Allstate Ins. Co. v. Perez, 157 A.D.2d 521).
Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.