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FINE LINE BUILDERS & REMODELERS, INC. v. ATLANTIC CASUALTY INSURANCE COMPANY

2010-10003.

90 A.D.3d 702 (2011)

934 N.Y.S.2d 320

2011 NY Slip Op 9087

FINE LINE BUILDERS & REMODELERS, INC., Appellant, v. ATLANTIC CASUALTY INSURANCE COMPANY, Respondent.

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

Decided December 13, 2011.

Ordered that the order and judgment is affirmed, with costs.

The defendant, Atlantic Casualty Insurance Company (hereinafter Atlantic), established, prima facie, its entitlement to judgment as a matter of law by showing that it properly disclaimed coverage on the ground of late notice of the underlying accident (see Ciampa 21, LLC v QBE Ins. Corp., 81 A.D.3d 586 [2011]; Lobosco v Best Buy, Inc., 80...

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