Opinion
September 29, 1970
Order and judgment (one paper) entered on February 18, 1970, after trial before the court without a jury, adjudging that notice of claim was timely filed, unanimously reversed on the law and the facts, without costs and without disbursements, and respondent-appellant's motion to stay arbitration permanently is granted, and the judgment therein is vacated. Time-wise, the accident happened on November 20, 1964. Counsel was retained on November 30, 1964, but the MVAIC was not apprised of an intention to make a claim until August 21, 1965. True, there were intervening steps, but of an extraordinarily sporadic character, in view of the 90-day requirement for an insured to give written notice of claim. Even evaluating the insured's performance by the "as soon as practicable" exception, the insured was guilty of wholly unacceptable and inexplicable laches. It was not until February 8, 1965, that the insured made any inquiry of the Motor Vehicle Bureau, and not until July 1, 1965, did the insured request an insurance search. Even allowing for the bureaucratic misinformation that caused some confusion, the extent of the time gaps is excessive as judged by Matter of Kauffman ( MVAIC) ( 25 A.D.2d 419) and Matter of De Jesus ( MVAIC) ( 31 A.D.2d 917). (See, also, Matter of MVAIC [ Cousulich], 23 A.D.2d 546.)
Concur — Stevens, P.J., Eager, McGivern and Nunez, JJ.