Opinion
Argued November 20, 2000
December 12, 2000.
In an action for a judgment declaring that the defendant is a co-insurer with the plaintiff in connection with any and all claims arising out of an automobile accident, the defendant appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated March 25, 1999, which denied its motion for summary judgment dismissing the complaint.
Curtis, Vasile, Devine McElhenny, Merrick, N.Y. (Robert M. Smith of counsel), for appellant.
Thomas Torto, New York, N.Y., for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, HOWARD MILLER ROBERT W. SCHMIDT, 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 erred in denying the defendant's motion for summary judgment. The deposition testimony of the defendant's underwriting manager and the registered owner Marie Mannino was sufficient to establish that it did not insure the offending vehicle on the date of the accident, and the plaintiff failed to present any additional proof of coverage (see, Matter of Allstate Ins. Co. v. Karadag, 205 A.D.2d 531; Matter of State-Wide Ins. Co. v. Valdes, 173 A.D.2d 624; Matter of Nationwide Ins. Co. v. Dye, 170 A.D.2d 683; cf., Brogan v. New Hampshire Ins. Co., 250 A.D.2d 562).