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MATTER OF ALBOHN v. ALLSTATE INS. CO.

51 A.D.2d 797 (1976)

In the Matter of Lawrence Albohn et al., Respondents, v. Allstate Insurance Company, Appellant

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

February 23, 1976

Orders affirmed, with $50 costs and disbursements.

The claimants have presented "some reasonably persuasive evidence of noninsurance" of the third party vehicle and appellant has not presented evidence that there was insurance, but has only asserted "possible gaps * * * without any effort to fill those gaps" (see Aetna Ins. Co. v Logue, 68 Misc.2d 841, 843, 846, 847). The claimants' attorney's letter to appellant was...

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