IN RE AMERICAN TRANSIT INSURANCE COMPANY, pet-res, v. MOHAMMAD S. HOSSAIN, res, STATE FARM AUTOMOBILE INS. CO., Proposed Additional res-ap, STOKELY BRAITHWAITE, Proposed Additional res

8440. IN RE AMERICAN TRANSIT INSURANCE COMPANY, pet-res, v. MOHAMMAD S. HOSSAIN, res, STATE FARM AUTOMOBILE INS. CO., Proposed Additional res-ap, STOKELY BRAITHWAITE, Proposed Additional res — Bruno, Gerbino & Soriano, LLP, Melville (Mitchell L. Kaufman of counsel), for ap — Marjorie E. Bornes, Brooklyn, for American Transit Insurance Company, res — Order, Supreme Court, New York County (Marilyn T. Sugarman, Special Referee), entered on or about August 17, 2011, which found that proposed additional respondent State Farm is obligated to insure proposed additional respondent Stokely Braithwaite in connection with the claims made against Braithwaite by respondent, MohammadS. Hossain, unanimously modified, on the law, to grant the petition to stay the uninsured motorist arbitration, and otherwise affirmed, without costs.

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8440. IN RE AMERICAN TRANSIT INSURANCE COMPANY, pet-res, v. MOHAMMAD S. HOSSAIN, res, STATE FARM AUTOMOBILE INS. CO., Proposed Additional res-ap, STOKELY BRAITHWAITE, Proposed Additional res — Bruno, Gerbino & Soriano, LLP, Melville (Mitchell L. Kaufman of counsel), for ap — Marjorie E. Bornes, Brooklyn, for American Transit Insurance Company, res — Order, Supreme Court, New York County (Marilyn T. Sugarman, Special Referee), entered on or about August 17, 2011, which found that proposed additional respondent State Farm is obligated to insure proposed additional respondent Stokely Braithwaite in connection with the claims made against Braithwaite by respondent, MohammadS. Hossain, unanimously modified, on the law, to grant the petition to stay the uninsured motorist arbitration, and otherwise affirmed, without costs.

The default judgment in State Farm’s favor issued in Nassau County Supreme Court did not have collateral estoppel effect precluding the determination by the Special Referee (see Kaufman v. Eli Lilly & Co., 65 NY2d 449, 456-457 [1985]; Stumpf AG v. Dynegy Inc., 32 AD3d 232, 233 [1st Dept 2006]).

IN RE AMERICAN TRANSIT INSURANCE COMPANY, pet-res, v. MOHAMMAD S. HOSSAIN, res, STATE FARM AUTOMOBILE INS. CO., Proposed Additional res-ap, STOKELY BRAITHWAITE, Proposed Additional res

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