Opinion
September 7, 1995
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
Prior to November 28, 1986, the extended deadline by which the insured was required to file a proof of claim, the liquidator received the summons and verified complaint and retained a law firm to defend the insured and the law firm served an answer. We agree with the Referee's determination, confirmed by the IAS Court, that the verified complaint constitutes substantial compliance with the requirements of Insurance Law § 7433 (a) (1) and that the claim should be deemed timely filed. This case is distinguishable from Jason v Superintendent of Ins. of State of N Y ( 49 N.Y.2d 716). While in neither case did the insured file timely proof of claim, here the insurer received the substantial equivalent of a proof of claim prior to the insured's extended deadline for filing.
Concur — Sullivan, J.P., Rosenberger, Kupferman, Ross and Williams, JJ.