SANCHEZ v. MARYLAND CAS. CO.


67 A.D.2d 681 (1979)

John Sanchez, Respondent, v. Maryland Casualty Company, Respondent, and Criterion Insurance Co., Appellant

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

January 15, 1979


Judgment affirmed, with costs to respondent Maryland Casualty Company payable by Criterion.

On this record, appellant has not met its burden of demonstrating that its policy of insurance had been canceled prior to the date of the accident. More than a bare assertion in a self-serving letter is required to rebut the presumption of continuance. We further note that since appellant filed no answer to the petition, the allegations therein are deemed uncontroverted ...

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