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ABDEL MAKAWI, Doing Business as MINI MART, Appellant, et al., Plaintiffs, v. COMMERCIAL UNION INSURANCE COMPANY et al., Respondents.

Ordered that the order is affirmed insofar as appealed from, with costs.

An insurance carrier may effectively cancel its policy "by mailing a notice of cancellation to the address shown on the policy, provided that it submits sufficient proof of mailing, regardless of whether the notice is actually received by the insured" ( Hughson v. National Grange Mut. Ins. Co., 110 A.D.2d 1072 ; see also, Pressman v. Warwick Ins. Co., 213 A.D.2d 386, 387). In this case proof by the defendant Commercial Union Insurance Company of its ordinary procedures for the mailing of notices of cancellation, together with proof of actual mailing to the correct address, establishes the effective cancellation of the subject insurance policy on April 5, 1993 ( see, Pressman v. Warwick Ins. Co., supra).

Moreover, the Supreme Court properly concluded that the appellant's equitable estoppel claim was without merit ( cf., Mooney v. Nationwide Mut. Ins. Co., 172 A.D.2d 144).

Rosenblatt, J. P., Ritter, McGinity and Luciano, JJ., concur.

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MAKAWI v. COMMERCIAL UNION INS. CO
(Nov 24, 1997)