Majority
p. 687State Farm Mutual Automobile Insurance Co., Appellant, v Robert Mallela et al., Respondents. Submitted August 10, 2004; decided September 2, 2004
Certification of question by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of the Rules of Practice of the Court of Appeals (22 NYCRR 500.17), accepted and the issues presented are to be considered after briefing and argument.
Concur: Chief Judge Kaye, Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith.