Wausau Business Insurance v. 3280 Broadway Realty Co.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered December 27, 2006, which denied plaintiffs motion for summary judgment dismissing the counterclaims of defendants 3280 Broadway Realty Company LLC (3280 Broadway) and Jarvis Doctorow, unanimously reversed, on the law, with costs, the motion granted and the counterclaims dismissed. The Clerk is directed to enter judgment accordingly.

The denial of plaintiffs motion on the ground that it failed to support its motion with evidence in admissible form was improper, where the affidavit of plaintiffs claims handler was based upon…