Summary
affirming grant of summary judgment in insurer's favor, and holding that two-month delay was unreasonable as a matter of law
Summary of this case from Gelfman v. Capitol Indem. Corp.Opinion
March 23, 1999
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
The motion court properly declined to credit assertions in plaintiffs' affidavit in opposition to the motion as to when they first gave defendant insurer notice of their claim in light of detailed contradictory assertions in plaintiffs' examination under oath ( see, Califano v. Campaniello, 243 A.D.2d 528, 529-530). Having found that plaintiff's delayed two months in submitting their notice of claim, the court then properly concluded that plaintiffs' delay was unreasonable as a matter of law, in view of plaintiffs' misguided but knowing "election to look to one source rather than another for reimbursement" ( Power Auth. v. Westinghouse Elec. Corp., 117 A.D.2d 336, 341).
Concur — Ellerin, P. J., Lerner, Andrias and Saxe, JJ.