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Kaufman v. Puritan Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 702 (N.Y. App. Div. 1987)

Opinion

January 26, 1987

Appeal from the Supreme Court, Westchester County (Weiner, J.).


Ordered that the order is reversed insofar as appealed from, with costs, the cross motion is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action is severed against the remaining defendants.

In support of its cross motion for summary judgment, the appellant produced its insurance policy which indicated that the only named insured was 3816 Ninth Avenue Roller Rink, Inc., the plaintiff's former tenant, and a notice of cancellation which was duly served upon the former tenant indicating that the policy was canceled prior to the loss in question. It was, therefore, incumbent upon the plaintiff to come forward with evidentiary proof, in admissible form, challenging the appellant's showing that the plaintiff was not an insured, which the plaintiff failed to do. Specifically, the "certificate of insurance", relied upon by the plaintiff, was merely a confirmation that the plaintiff's former tenant had acquired insurance on the premises and its contents. This document stated on its face that it was "issued as a matter of information only" and "confer[red] no rights upon the certificate holder" and further clearly set forth the name of the insured as "3816 Ninth Ave. Roller Rink, Inc." Therefore, the certificate of insurance does not support the plaintiff's position that he was a coinsured under the insurance policy, or that he had any contractual relationship with the appellant. Moreover, the lease between the plaintiff and his former tenant regarding the purchasing of insurance did not in any way bind the appellant. Finally, we note that the other contentions raised by the plaintiff do not preclude the granting of summary judgment to the appellant (cf. Schillinger v. North Hills Realty Corp., 15 A.D.2d 539, 540, affd 11 N.Y.2d 1044; Di Sabato v. Soffes, 9 A.D.2d 297). Mangano, J.P., Niehoff, Lawrence and Kunzeman, JJ., concur.


Summaries of

Kaufman v. Puritan Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 702 (N.Y. App. Div. 1987)
Case details for

Kaufman v. Puritan Insurance Company

Case Details

Full title:ALAN KAUFMAN, Doing Business as 3816 ASSOCIATES, Respondent, v. PURITAN…

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

Date published: Jan 26, 1987

Citations

126 A.D.2d 702 (N.Y. App. Div. 1987)

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