Opinion
2001-07764
Argued April 22, 2002.
September 24, 2002.
In an action pursuant to Insurance Law § 3420(b) to recover the amount of a judgment obtained against the defendant's insured, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Floyd, J.), entered July 31, 2001, which, upon an order of the same court, dated June 18, 2001, granting the defendant's motion for summary judgment dismissing the complaint, dismissed the complaint.
Rappaport, Glass, Greene Levine, LLP, Melville, N.Y. (Michael S. Levine of counsel), for appellant.
Chesney Murphy, LLP, Baldwin, N.Y. (Gregory E. Brower of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.
ORDERED that the judgment is affirmed, with costs.
The Supreme Court correctly concluded that the defendant met its "heavy burden" of proving "willful and avowed obstruction" on the part of its insured and thus was entitled to disclaim coverage based upon lack of cooperation (Thrasher v. United States Liab. Ins. Co., 19 N.Y.2d 159, 168; see State Farm Fire Cas. Co. v. Imeri, 182 A.D.2d 683; cf. Physicians' Reciprocal Insurers v. Keller, 243 A.D.2d 547). In opposition thereto, the plaintiff failed to raise a triable issue of fact sufficient to warrant denial of the defendant's motion for summary judgment dismissing the complaint (see State Farm Fire Cas. Co. v. Imeri, supra; cf. Commercial Union Ins. Co. v. Burr, 226 A.D.2d 416).
SANTUCCI, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.