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AFFATATO v. STANDARD FIRE INSURANCE COMPANY

277 A.D.2d 264 (2000)

715 N.Y.S.2d 657

CAROL AFFATATO, Respondent, v. STANDARD FIRE INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 13, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

In its verified answer and in its opposition to the plaintiff's establishment of a prima facie case for partial summary judgment, the defendant failed to support its assertion that the plaintiff violated the terms and conditions of the insurance policy at issue in relation to her claimed loss resulting from a theft (see, Brown v State Farm Ins. Co., 237 A.D.2d 476

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