BURLINGTON INS. CO. v. CASUR CORP.

2014-06707

123 A.D.3d 965 (2014)

1 N.Y.S.3d 150

2014 NY Slip Op 08951

BURLINGTON INSURANCE COMPANY, Appellant, v. CASUR CORPORATION, Respondent.

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

Decided December 24, 2014.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the complaint is granted.

The plaintiff insurer established its prima facie entitlement to judgment as a matter of law on the complaint by submitting the subject insurance policy, the audit statement, and the affidavit of the plaintiff's accounts receivable and collections manager. These submissions demonstrated that, pursuant to an audit and revised audit...

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