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COMMISSIONERS OF STATE INS. FUND v. SANITATION SALVAGE CORP.

452400/17. Appeal No. 12059-12059A. Case No. 2019-05489.

187 A.D.3d 537 (2020)

130 N.Y.S.3d 665

2020 NY Slip Op 05808

Commissioners of the State Insurance Fund, Respondent, v. Sanitation Salvage Corp., Appellant.

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

Decided October 15, 2020.

SIF's unrebutted business records in the form of an insurance application from defendant Sanitation Salvage Corporation (Sanitation), its 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 Concord Messenger Serv., Inc., 34 A.D.3d 355 [1st Dept 2006]; Commissioners of State Ins. Fund v Country...

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