Opinion
917
April 24, 2003.
Order, Supreme Court, New York County (Marylin Diamond, J.), entered February 27, 2002, which, inter alia, granted the motion of defendant Eagle Insurance Company for summary judgment, and declared that an insurance policy issued by Eagle Insurance Company was canceled as of February 4, 1991, unanimously affirmed, with costs.
Kenneth R. Feit, for plaintiff-appellant.
Evan H. Krinick, for defendant-respondent.
Before: Buckley, P.J., Sullivan, Rosenberger, Wallach, Friedman, JJ.
As the motion court noted, David Isenberg, an officer of DCW Auto Agency, the agent and underwriter for defendant Eagle Insurance Company, testified in detail about the cancellation procedures followed by DCW in terminating a policy for non-payment. He sufficiently established that he had the requisite knowledge to testify as to those procedures with authority (cf. Lumbermens Mut. Cas. Co. v. Comparato, 151 A.D.2d 265). In view of his testimony, we conclude that there was sufficient evidence to prove that the policy issued by Eagle to its insured, Shimoe Brake Wheel, which only made one payment on the policy, was properly canceled in accordance with the requirements of Insurance Law § 3426(c)(1).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.