Compas Med., P.C. v Citiwide Auto Leasing, 2016 NY Slip Op 51504(U)(App. Term 2d Dept. 2016)
“In support of its motion, defendant submitted an affidavit by its employee, who described the details of a record search which she had performed and stated that her search had revealed that there was no Citiwide Auto Leasing policy covering the vehicle in question on the date of the accident. We find that defendant’s affidavit was sufficient to demonstrate, prima facie, that plaintiff’s claim did not arise out of a covered incident (see Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195, 199 [1997]).”
This one is interesting because the affidavit of the employee revealed a lack of policy covering the denominated vehicle. There was no evidence to the contrary.
