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TOWER INS. CO. OF N.Y. v. GININ

Index No. 650614/16. Appeal No. 12767. Case No. 2019-5622.

190 A.D.3d 443 (2021)

2021 NY Slip Op 00046

Tower Insurance Company of New York, Respondent, v. Walter Ginin et al., Defendants, and Jose Luis Crespo, Appellant.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Omrani & Taub, P.C., New York ( Michael A. Taub of counsel), for appellant.

Law Offices of Natasha Z. Millman, New York ( Natasha Z. Millman of counsel), for respondent.

Concur—Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.

Tower made a prima facie showing that it is entitled to judgment as a matter of law based on the affidavit of its claims adjuster stating that he spoke with Ginin, who admitted, in a signed written statement, that he did not reside at the premises when the incident occurred, as required by the policy (see Tower Ins. Co. of N.Y. v Zaroom, 145 A.D.3d 556 [1st Dept 2016]; Tower Ins. Co. of N.Y. v Brown, 130 A...

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