EVANSTON INSURANCE COMPANY v. PO WING HONG FOOD MARKET, INC.


21 A.D.3d 333 (2005)

800 N.Y.S.2d 396

EVANSTON INSURANCE COMPANY, Appellant, v. PO WING HONG FOOD MARKET, INC., Defendant and Third-Party Plaintiff-Respondent. STERLING & STERLING, INC., Third-Party Defendant-Respondent.

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

August 25, 2005.


Plaintiff made a prima facie showing of its entitlement to summary judgment as a matter of law by submitting the subject insurance policy, the audit statement and an affidavit from its vice-president, which demonstrated that defendant owed it an additional $38,572 pursuant to the audit conducted after expiration of the policy in accordance with the terms of the policy.

Contrary to the motion court's finding, defendant's submissions fail to raise a triable issue of...

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