Opinion
2002-03097
Submitted February 18, 2003.
March 17, 2003.
In an action, inter alia, to recover damages for breach of an insurance contract, the plaintiffs appeal from an order of the Supreme Court, Nassau County (O'Connell, J.), entered January 10, 2002, which granted the motion of the defendants General Accident Insurance Company, P.G. Insurance Company of New York, and CGU Insurance Company for summary judgment dismissing the complaint insofar as asserted against them.
Bondi Iovino, Mineola, N.Y. (Anthony F. Iovino of counsel), for appellants.
Hill Rivkins Hayden, LLP, New York, N.Y. (John J. Sullivan of counsel), for respondents.
Before: GLORIA GOLDSTEIN, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court correctly granted the respondents' motion for summary judgment. In opposition to the respondents' prima facie showing of their entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). Although the plaintiffs timely furnished a response to the respondents' demand letter dated September 28, 1998 (see General Construction Law § 20; Ball v. Allstate Ins. Co., 81 N.Y.2d 22, 24, 26), their failure to swear to the veracity of their list of damaged items is a complete defense to the plaintiffs' action on the insurance policy (see Insurance Law § 3407[a]; Anthony Marino Constr. Corp. v. INA Underwriters Ins. Co., 69 N.Y.2d 798, 800; Maleh v. New York Prop. Ins. Underwriting Assn., 64 N.Y.2d 613, 614; Litter v. Allstate Ins. Co., 208 A.D.2d 602; Melamudov v. Colonia Ins. Co., 202 A.D.2d 557, 558).
The plaintiffs' remaining contentions are without merit.
GOLDSTEIN, J.P., ADAMS, TOWNES and CRANE, JJ., concur.