REPUBLIC WESTERN INSURANCE COMPANY v. RCR BUILDERS, INC.


268 A.D.2d 574 (2000)

702 N.Y.S.2d 609

REPUBLIC WESTERN INSURANCE COMPANY, Appellant, v. RCR BUILDERS, INC., et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided January 31, 2000.


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellant's contentions, its proof was insufficient to make out a prima facie case entitling it to summary judgment against the respondents. There was no showing that the appellant's affiant, Bernard Kroll, the president of its surety bond claims agent, Surety & Insurance Claims Contractors, Inc., and not the appellant's employee, had the requisite personal knowledge of the payments...

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