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BURLINGTON INS. CO. v. TOUR CENT. PARK, INC.

Index No. 655036/19. Appeal No. 13737. Case No. 2020-04128.

194 A.D.3d 404 (2021)

143 N.Y.S.3d 194

2021 NY Slip Op 02739

The Burlington Insurance Company, Respondent, v. Tour Central Park, Inc., Appellant.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Pardalis & Nohavicka, LLP, New York ( Joseph D. Nohavicka of counsel), for appellant.

Soffer, Rech & Borg, LLP, Mineola ( Michael A. Borg of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, Oing, González, JJ.

Burlington made a prima facie showing of its entitlement to summary judgment as a matter of law by submitting an affidavit of its premium audit and accounts receivable manager, along with a certified copy of the insurance policy, the audit performed by Burlington at the office of insured defendant Tour Central Park Inc.'s (Tour) accountant, and the statement of account (see Evanston Ins. Co. v Po Wing Hong Food Mkt., Inc., 21 A.D.3d 333...

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