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CLASSON REALTY CORP. v. TOWER INSURANCE COMPANY OF NEW YORK

2009-00433

68 A.D.3d 802 (2009)

2009 NY Slip Op 9178

889 N.Y.S.2d 480

CLASSON REALTY CORP., Respondent, v. TOWER INSURANCE COMPANY OF NEW YORK, Appellant.

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

Decided December 8, 2009.

Ordered that the order is affirmed, with costs.

The proponent of a motion for summary judgment must establish its entitlement to judgment as a matter of law by demonstrating that there are no triable issues of fact (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). The defendant failed to demonstrate that there are no triable issues of fact regarding whether the...

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