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COMMISSIONERS OF THE STATE INSURANCE FUND v. CONCORD MESSENGER SERVICE, INC.

34 A.D.3d 355 (2006)

826 N.Y.S.2d 187

COMMISSIONERS OF THE STATE INSURANCE FUND, Respondent, v. CONCORD MESSENGER SERVICE, INC., Appellant.

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

Decided November 21, 2006.

Plaintiff's documentary evidence consisting of the insurance application, the policy, the audit reports and the resulting statements were sufficient to make out a prima facie showing of entitlement to judgment as a matter of law (see Commissioners of State Ins. Fund v Beyer Farms, Inc., 15 A.D.3d 273, 274 [2005], lv denied 5 N.Y.3d 707 [2005]). Defendant's argument that plaintiff did not...

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