Opinion
Submitted May 14, 1999
June 21, 1999
In an action to recover the proceeds of an insurance policy, the defendant appeals from an order of the Supreme Court, Nassau County (Winslow, J.), dated March 31, 1998, which denied its motion for summary judgment dismissing the complaint.
Gennet Kallmann Antin Robinson, P.C., New York, N.Y. (Harry Robinson III and Michael J. Mernin of counsel), for appellant.
Fleck, Fleck Fleck, Garden City, N.Y. (Raymond A. Fleck, Jr., of counsel), for respondent.
FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The Supreme Court improperly denied the defendant's motion for summary judgment. The defendant satisfied its burden of proving that the plaintiff's loss was within the scope of a policy exclusion ( see, Maurice Goldman Sons v. Hanover Ins. Co., 80 N.Y.2d 986, 987). In opposition to the motion, the plaintiff failed to raise any triable issues of fact.