Opinion
October 29, 1998
Appeal from the Supreme Court, First Department (Parness, J. P., McCooe and Freedman, JJ.).
The affidavit of plaintiff's officer, together with the supporting documentation, competently established the issuance of the policy to defendants and the amount of premium owed ( see, Family Coatings v. Michigan Mut. Ins. Co., 170 A.D.2d 816). Defendants' claim that a broker fraudulently induced them into switching policies was properly rejected by Appellate Term on the ground that there was no evidence that the broker was acting as plaintiff's agent ( cf, Incorporated Vil. of Pleasantville v. Calvert Ins. Co., 204 A.D.2d 689). Further disclosure cannot avail defendants.
Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Andrias and Saxe, JJ.