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DEERBROOK INSURANCE COMPANY v. BRAZIER AGENCY

289 A.D.2d 523 (2001)

735 N.Y.S.2d 784

DEERBROOK INSURANCE COMPANY, Appellant, v. BRAZIER AGENCY et al., Respondents.

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

Decided December 31, 2001.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff failed to submit sufficient evidence in opposition to the defendant's prima facie showing of entitlement to judgment as a matter of law. Thus, the plaintiff failed to raise a triable issue of fact that the defendants proximately caused its loss (see, Gilbert Frank Corp. v Federal Ins. Co., 70 N.Y.2d 966

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