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8112-24 18TH AVE. REALTY CORP. v. AETNA CAS. & SUR. CO.

240 A.D.2d 287 (1997)

659 N.Y.S.2d 17

8112-24 18th Avenue Realty Corp., Appellant-Respondent, v. Aetna Casualty and Surety Company, Respondent-Appellant, et al., Defendants

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

June 19, 1997

We disagree with the motion court that no one on behalf of the insurer with first-hand knowledge of having mailed the notice of cancellation to the insured came forward on the motion. The insurer satisfied its burden of proving a proper mailing through the affidavit of its small business underwriter, who stated that on January 10, 1989, based upon the insurer's failure to receive the original premium finance agreement from the finance...

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