Atlantic Mutual Insurance v. Northport Apparel, Inc.

OPINION OF THE COURT

Order, entered May 1, 2006, reversed, with $10 costs, defendants’ cross motion is denied, and plaintiffs motion for summary judgment is granted in the principal amount of $12,620.

Plaintiffs documentary evidence, including the cargo insurance policy sued upon, a personal affidavit of its vice-president, and detailed premium statements, sufficed 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 AD3d 355 [2006]). In opposition, defendants failed to raise a triable issue.…