Marallo v. Aetna Cas. & Sur. Co.
| Decision Date | 22 December 1955 |
| Citation | 148 N.Y.S.2d 378 |
| Parties | Frank MARALLO et al., Plaintiffs, v. The AETNA CASUALTY & SURETY COMPANY, Defendant. |
| Court | New York Supreme Court |
Cribari, Scapolite & Solinger, Mount Vernon (W. Edward Cribari, Mount Vernon, of counsel), for plaintiffs.
William S. O'Connor, New York City (Gerard McGowan, New York City, of counsel), for defendant.
This is an action wherein the parties have by stipulation waived a jury and submitted the issue to the Court for determination.
The issue arises from a disclaimer by defendant of its obligation under a liability policy issued to plaintiffs based upon an alleged breach by plaintiffs of the conditions of the policy which required plaintiffs to give written notice of an accident to the Company or one of its authorized agents as soon as practicable.
Plaintiffs as subcontractors entered into a contract with a prime contractor for the excavation, back filling and grading and the installation of certain manholes in certain public thoroughfares in the Borough of Bronx, New York City which work the prime contractor had agreed to perform as well as to pave the said thoroughfares. Plaintiffs completed the work which they were required to do under their contract and left the premises on July 5, 1946.
By letter dated August 7, 1946 the prime contractor directed plaintiffs' attention to an accident which had occurred that day upon one of the thoroughfares whereupon plaintiffs had performed a portion of their work. In this letter the prime contractor stated that the accident was plaintiffs' responsibility. Plaintiffs conducted an investigation of the accident referred to in the aforesaid letter and on August 30, 1946 directed a letter to the prime contractor stating that plaintiffs having completed their work were not responsible for the maintenance of the roads for an indefinite period until the prime contractor had completed the paving.
Plaintiffs having directed the foregoing communication to the prime contractor did not give notice to defendant of the accident and according to the facts herein submitted, in good faith did not feel that it was responsible for any damages arising out of the accident. Subsequently in February 1947 a summons was served upon the plaintiffs in an action for damages growing out of the aforesaid accident which was immediately forwarded to defendant but was returned with a disclaimer of liability upon the ground that plaintiffs had...
To continue reading
Request your trial
-
Great American Ins. Co. v. C. G. Tate Const. Co.
...N.Y.S.2d 1 (1977); Utica Mut. Ins. Co. v. C.L. Haines Mfg. Co., 55 App.Div.2d 834, 390 N.Y.S.2d 320 (1976); Marallo v. Aetna Casualty and Surety Company, 148 N.Y.S.2d 378 (S.Ct.1955); Munal Clinic v. Applegate, 38 Tenn.App. 280, 273 S.W.2d 712 (1954); Employers Casualty Company v. Scott Ele......
-
Security Mut. Ins. Co. of New York v. Acker-Fitzsimons Corp.
...Fid. Co., 226 N.Y. 343, 123 N.E. 755; Woolverton v. Fidelity & Cas. Co. of N.Y., 190 N.Y. 41, 82 N.E. 745, Supra; Marallo v. Aetna Cas. & Sur. Co., 148 N.Y.S.2d 378 (Sup.Ct., Westchester County); American Sur. Co. of N.Y. v. Mariani, 130 N.Y.S.2d 755, affd. 286 App.Div. 1083, 147 N.Y.S.2d 6......
-
M.Z. Discount Clothing Corp. v. Meyninger, CV 96-4828(RJD).
...37 A.D.2d 11, 322 N.Y.S.2d 53 (1st Dep't 1971) (same), aff'd, 30 N.Y.2d 726, 283 N.E.2d 768, 332 N.Y.S.2d 896 (1972); Marallo v. Aetna Cas. & Sur. Co., 148 N.Y.S.2d 378 (Sup.Ct. Westchester County 1955) (same); American Sur. Co. of N.Y. v. Mariani, 130 N.Y.S.2d 755 (Sup.Ct. New York County ......
-
Holyoke Mut. Ins. Co. v. B. T. B. Realty Corp.
...(Haas Tobacco Co. v. American Fid. Co., 226 N.Y. 343 Woolverton v. Fidelity & Cas. Co. of N. Y., 190 N.Y. 41 supra; Marallo v. Aetna Cas. & Sur. Co., 148 N.Y.S.2d 378 American Sur. Co. of N. Y. v. Mariani, 130 N.Y.S.2d 755, affd. 286 App.Div. 1083 supra ; 31 N.Y.Jur., Insurance, § 1281; 8 A......