MATTER OF EMPIRE MUTUAL INSURANCE COMPANY, 55 N.Y.2d 837 (1982)

447 N.Y.S.2d 703, 432 N.E.2d 596

In the Matter of the Arbitration between EMPIRE MUTUAL INSURANCE COMPANY, Appellant, and MAX KOHULKA, as Administrator of the Estate of JOHN KOHULKA, Deceased, Appellant, and INSURANCE COMPANY OF NORTH AMERICA, Respondent.

Court of Appeals of the State of New York.
Decided January 7, 1982

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SIDNEY H. ASCH, J.

Page 838

Raymond J. MacDonald and Isabella Natale for Empire Mutual Insurance Company, appellant.

Frank A. Composto and Max Thaler for Max Kohulka, appellant.

Mary Ellen Burns for respondent.

On summary consideration, order affirmed, with costs. There was sufficient admissible proof of the office practice and procedure followed by respondent Insurance Company of North America and proof that the particular notice was mailed to Morgan to support the Appellate Division finding that Morgan’s insurance policy had been canceled prior to the date of the accident.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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