HYER v. TRAVELERS INSURANCE COMPANY

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.