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IN THE MATTER OF EMPIRE INSURANCE COMPANY v. DORSAINVIL

5 A.D.3d 480 (2004)

772 N.Y.S.2d 565

In the Matter of EMPIRE INSURANCE COMPANY, Respondent, v. JOCELYNE DORSAINVIL et al., Appellants.

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

March 8, 2004.

Ordered that the order is affirmed, with costs.

The appellants' failure to file a sworn statement with the petitioner Empire Insurance Company after the hit-and-run accident, in accordance with a condition precedent to coverage under the uninsured motorist endorsement of the insurance policy, vitiated coverage (see Matter of Legion Ins. Co. v Estevez, 281 A.D.2d 420 [2001]; Matter of Aetna Life & Cas. v Ocasio,

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