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TOWER INSURANCE COMPANY OF NEW YORK v. BROWN

15339, 153797/12

130 A.D.3d 545 (2015)

14 N.Y.S.3d 37

2015 NY Slip Op 06296

TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. DENSIL BROWN, Defendant, and NICOLE CARUTH, Respondent.

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

Decided July 28, 2015.

Tower made a prima facie showing that it is entitled to summary judgment based on the affidavit of its claim adjuster stating that he spoke with Brown, who admitted that he did not reside at the premises when the incident occurred, as required by the policy (see Schaaf v Pork Chop, Inc., 24 A.D.3d 1277, 1278 [4th Dept 2005] [admissions attributed to insured in plaintiff's investigator...

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