MATTER OF ALLSTATE INSURANCE COMPANY v. VITIELLO


35 A.D.3d 459 (2006)

824 N.Y.S.2d 735

In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. ERNICO VITIELLO, Respondent, and PROFORMANCE INSURANCE COMPANY, Proposed Additional Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 5, 2006.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The undisputed evidence in the record supports a determination that the offending vehicle—which was owned by a nonresident and, if insured at all at the time of the subject accident, was insured by an out-of-state carrier not authorized to transact business in the State of New York and not subject to personal jurisdiction in this state—was an "uninsured motor vehicle...

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