Opinion
May 26, 1998
Appeal from the Supreme Court, New York County (Frank Lewis, Spec. Ref.).
The Special Referee correctly held that additional respondent-appellant insurer failed to show that it properly canceled its policy with the owner of the offending vehicle, where its witness had no first-hand knowledge of its having actually mailed either the final bill or a notice of cancellation to the owner of the offending vehicle, or of its regular procedures in mailing such bills and notices ( see, Matter of Allstate Ins. Co. v. Ramirez, 208 A.D.2d 828, 830, citing, inter alia, Federal Ins. Co. v. Kimbrough, 116 A.D.2d 692; Matter of Paramount Ins. Co. v. Moctezuma, 201 A.D.2d 652).
Concur — Milonas, J.P., Nardelli, Mazzarelli and Andrias, JJ.