875 Forest Ave. Corp. v. Aetna Cas and Sur Co.
| Citation | 332 N.Y.S.2d 896,30 N.Y.2d 726 |
| Parties | , 283 N.E.2d 768 875 FOREST AVE. CORP., Respondent, v. AETNA CASUALTY AND SURETY COMPANY, Appellant. |
| Decision Date | 27 April 1972 |
| Court | New York Court of Appeals |
Appeal from the Supreme Court, Appellate Division, First Department, 37 A.D.2d 11, 322 N.Y.S.2d 53.
J. Robert Morris, New York City (William F. McNulty, Anthony J. McNulty, New York City, of counsel), for defendant-appellant.
The insured brought an action against the insurer for a declaratory judgment which would, in effect, negate insurer's disclaimer of any duty to insured by reason of late notice of accident. After remand, 33 A.D.2d 903, 307 N.Y.S.2d 791, the Supreme Court, New York County, James J. Leff, J., found that notice was timely given and the insurer appealed.
The Appellate Division affirmed. It held that in absence of any indication that liability claim would be brought against insured apartment owner as result of accident in which three-year-old daughter of tenant fell to her death from a fourth floor apartment, owner by failing to report the accident to the insurer until more than one year later when claim was made against owner, had not violated policy provision requiring insured to give notice of accident as soon as practicable. The insurer appealed after the Supreme Court, New York County, had entered a final judgment in favor of the insured including the stipulated legal expenses incurred.
In the Court of Appeals the insurer asserted that the insured had as a matter of law breached timely notice of accident condition of policy and that such breach was grossly prejudicial to the insurer.
Judgment affirmed, with costs.
All concur.
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