Meserole Factory, LLC v. Arch Insurance Group

Appellate Division of the Supreme Court of New York

Meserole Factory, LLC v. Arch Insurance Group

88 A.D.3d 967, 931 N.Y.2d 533

Appellate Division of the Supreme Court of the State of New York·Decided October 25, 2011·Published·Cited by 4 cases

Opinion

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.E, Balkin, Eng and Cohen, JJ., concur.

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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.E, Balkin, Eng and Cohen, JJ., concur.

Meserole Factory, LLC v. Arch Insurance Group, 88 A.D.3d 967, 931 N.Y.2d 533 (N.Y. Ct. App. 2011).

Pincite

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Opinion

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