| Meserole Factory, LLC v Arch Ins. Group |
| 2011 NY Slip Op 07613 [88 AD3d 967] |
| October 25, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Meserole Factory, LLC, Appellant, v Arch Insurance Group, Also Known as Arch Specialty Insurance Company, et al., Respondents. |
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White, Fleischner & Fino, LLP, New York, N.Y. (Jonathan S. Chernow and Eric R.
Leibowitz of counsel), for respondents.
In an action to recover damages for breach of an insurance contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Jacobson, J.), dated August 25, 2010, which granted the defendants' motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff failed to provide the defendant Arch Specialty Insurance Company with a sworn proof-of-loss statement within 60 days after receiving a demand to do so, accompanied by proof-of-loss forms (see Insurance Law § 3407 [a]; Ball v Allstate Ins. Co., 81 NY2d 22, 25-26 [1993]; Anthony Marino Constr. Corp. v INA Underwriters Ins. Co., 69 NY2d 798, 800 [1987]; Maleh v New York Prop. Ins. Underwriting Assn., 64 NY2d 613, 614 [1984]; DeRenzis v Allstate Ins. Co., 256 AD2d 303, 304 [1998]; Litter v Allstate Ins. Co., 208 AD2d 602 [1994]). In opposition, the plaintiff failed to raise a triable issue of fact.
In light of this determination, the plaintiff's remaining contention need not be reached. Dillon, J.P., Balkin, Eng and Cohen, JJ., concur.