Harnish v. Joseph J. Naples & Associates, Inc.

— Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Defendant met its burden of establishing, by the submission of proof in evidentiary form, its entitlement to judgment as a matter of law. Defendant demonstrated that it strictly followed the clear and explicit instructions of the agent of its insured, who acted with the authority and consent of the insured, to direct cancellation of the insured’s garage liability policy.…