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MATTER OF PROGRESSIVE NORTHEASTERN INS. CO. v. AKINYOOYE

70 A.D.3d 956 (2010)

893 N.Y.S.2d 882

In the Matter of PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Appellant, v. JULIA AKINYOOYE et al., Respondents. ALLSTATE INSURANCE COMPANY, Proposed Additional Respondent.

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

Decided February 16, 2010.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the Supreme Court properly found, upon documentary submissions in lieu of a framed-issue hearing, that Allstate Insurance Company demonstrated that its insured was provided with a notice of intent to cancel and a cancellation notice fully compliant with Banking Law § 576, more than one year prior to the subject accident (see...

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