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KINSMAN v. ROYAL INDEM. CO.

254 A.D.2d 746 (1998)

678 N.Y.S.2d 543

William Kinsman, Jr., Respondent, v. Royal Indemnity Company, Appellant

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

October 2, 1998

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment. Defendant established its initial entitlement to judgment as a matter of law by submitting proof in admissible form that plaintiff failed to comply with a condition precedent under the underinsured motorist's coverage of the insurance policy (see, Sulner v G.A. Ins. Co., 224 A.D.2d 205

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