Opinion
May 27, 1997
Appeal from the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts.
Ordered that the order of the Appellate Term is reversed insofar as appealed from, on the law, with costs, the order of the Civil Court is reinstated, and the complaint is dismissed.
Upon our review of the record, we find that the Civil Court properly granted the defendant's motion for summary judgment due to the plaintiff's repeated and unjustifiable refusal to cooperate with the investigation into what may quite reasonably be characterized as a suspicious claim ( see, Maurice v. Allstate Ins. Co., 173 A.D.2d 793; Bulzomi v. New York Cent. Mut. Fire Ins. Co., 92 A.D.2d 878; see also, Azeem v. Colonial Assur. Co., 96 A.D.2d 123, affd 62 N.Y.2d 951).
Miller, J.P., Thompson, Joy and Luciano, JJ., concur.