MT. HAWLEY INS. CO. v. GREENWAY USA, LLC

Index No. 157211/18. Appeal No. 13003. Case No. 2019-04707.

191 A.D.3d 411 (2021)

137 N.Y.S.3d 690

2021 NY Slip Op 00528

Mt. Hawley Insurance Company, Respondent, v. Greenway USA, LLC, Appellant.

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

Decided February 2, 2021.


Attorney(s) appearing for the Case

Tesser & Cohen, New York ( Steven Cohen of counsel), for appellant.

Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP, New York ( Morgan S. Grossman of counsel), for respondent.

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.


Plaintiff established prima facie that it was entitled to the subject unpaid policy premium by submitting the insurance policy, the audit summary statement, and an affidavit by its corporate counsel, which showed that, pursuant to an audit conducted after the policy period ended, in accordance with the terms of the policy, defendant owed the amount sought (see e.g. Burlington Ins. Co. v Pinnacle Demolition & Envtl. Servs...

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