Appellate Division of the Supreme Court of the State of New York April 5, 1985, Appeal No. 1 (Hammerick v. Nationwide Mutual Insurance)

*1059Nationwide acknowledges that no insurance policy was in effect at the time of the accident. The Plan alleged that it never received an application for insurance of the Ehmer vehicle and Nationwide has failed to produce evidentiary proof in admissible form to refute this assertion (see, Zuckerman v City of New York, 49 NY2d 557, 562).