In Gotham Constr. Co. LLC v. United Natl. Ins. Co., 35 A.D.3d 289 (1st Dep't 2006), aff'g 21 Misc3d 1142[A], 2006 NY Slip Op 52675[U] (Sup. Ct., NY County, 2006) the court found that the insurer had been unable to demonstrate as a matter of law that no certificate of insurance was on file with it because the insurer produced the insurer's underwriting file that included a copy of the certificate issued by the insured's broker.