American Transit Insurance v. Faison

—Order, Supreme Court, New York County (Eileen Bransten, J.), entered October 30, 1996, which denied plaintiffs motion for summary judgment, unanimously reversed, on the law, with costs and disbursements, and the motion granted. The Clerk is directed to enter judgment accordingly in favor of plaintiff.

Plaintiffs motion for summary judgment contained an affidavit of an employee of plaintiff, accompanied by wage statements of defendant, which explained that defendant was entitled to 80% of his average yearly earnings or the total of $1,397.30 for no-fault benefits for lost wages resulting from…