Opinion
6120.
June 28, 2005.
Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered June 8, 2004, which, in an action pursuant to Insurance Law § 3420 (a) (2), granted plaintiff's motion for summary judgment insofar as to direct that defendant insurer pay plaintiff proceeds of $100,000 under the subject liability policy, unanimously affirmed, without costs.
Wilson, Elser, Moskowitz, Edelman Dicker LLP, New York (Judith Zuckerman Frantz of counsel), for appellant.
Jeffrey A. Berson, New York, for respondent.
Before: Tom, J.P., Andrias, Ellerin, Nardelli and Sweeny, JJ.
Defendant's unexplained delay in disclaiming coverage for six months after having been notified of the lawsuit against its insured was untimely, and thus ineffective ( see Insurance Law § 3420 [d]; Hartford Ins. Co. v. County of Nassau, 46 NY2d 1028, 1029). We have considered defendant's remaining contentions and find them unavailing.