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Kramer v. Interboro Mutual Indemnity Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 530 (N.Y. App. Div. 1989)

Opinion

May 15, 1989

Appeal from the Supreme Court, Queens County (Pitaro, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The record before us raises triable questions of fact concerning whether the plaintiffs failed to comply with the notice provisions of the insurance policy issued by the defendant Interboro Mutual Indemnity Insurance Company and whether the plaintiffs' 14-month delay in giving notice of the accident was reasonable under the circumstances (see, Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 N.Y.2d 436, 441; cf., Eveready Ins. Co. v Levine, 145 A.D.2d 526). Lawrence, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.


Summaries of

Kramer v. Interboro Mutual Indemnity Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 530 (N.Y. App. Div. 1989)
Case details for

Kramer v. Interboro Mutual Indemnity Ins. Co.

Case Details

Full title:DAVID S. KRAMER et al., Respondents, v. INTERBORO MUTUAL INDEMNITY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 1989

Citations

150 A.D.2d 530 (N.Y. App. Div. 1989)