E4 Servs., Inc. v National Liab. & Fire Ins. Co.

[*1] E4 Servs., Inc. v National Liab. & Fire Ins. Co. 2014 NY Slip Op 51124(U) Decided on July 24, 2014 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 24, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570266/14

E4 Services, Inc., a/a/o Jamel Jefferson, Plaintiff-Respondent, -

against

National Liability & Fire Insurance Company, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (David B. Cohen, J.), dated October 13, 2013, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (David B. Cohen, J.), dated October 13, 2013, reversed, without costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

The defendant-insurer established, prima facie, that its initial and follow-up verification letters were timely and properly mailed to plaintiff in accordance with defendant's regular offices practices and procedures (see Preferred Mut. Ins. Co. v Donnelly, 22 NY3d 1169 [2014]; Nassau Ins. Co. v Murray, 46 NY2d 828, 829 [1978]). In opposition, plaintiff's "denial of receipt, standing alone," was insufficient to raise a triable issue (Badio v Liberty Mut. Fire Ins. Co., 12 AD3d 229, 230 [2004]; see Trusts & Guar. Co. v Barnhardt, 270 NY 350, 354-355 [1936]; E4 Servs., Inc. v Lincoln Gen. Ins. Co., 43 Misc 3d 136[A], 2014 NY Slip Op 50678[U][App Term, 1st Dept 2014]). Nor did plaintiff provide a sufficiently detailed showing of its own procedures in retrieving, opening, and indexing its mail and in maintaining its files on existing claims to raise a triable issue of fact (E4 Servs., Inc. v Lincoln Gen. Ins. Co., supra; cf. Liriano v Eveready Ins. Co., 65 AD3d 524, 524-525 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur. Decision Date: July 24, 2014