Opinion
No. 4209.
October 7, 2008.
Judgment, Supreme Court, New York County (Debra A. James, J.), entered July 10, 2007, dismissing the third-party action seeking a judgment declaring that third-party defendant Travelers Indemnity Company of Connecticut is obligated to defend and indemnify its insured, defendant/third-party plaintiff Chelsea Tomato, Inc., in the underlying personal injury action, unanimously affirmed, without costs.
Law Offices of Peter P. Traub, New York (Joseph F. Sullivan and Peter P. Traub of counsel), for appellant.
Lazare Potter Giacovas LLP, New York (Yale Glazer of counsel), for respondent.
Before: Lippman, P.J., Gonzalez, Sweeny, Catterson and DeGrasse, JJ.
The record establishes that employees of Chelsea Tomato knew about the accident on the day it happened, as plaintiff in the underlying action fell while descending a staircase in the restaurant and was removed from the scene via ambulance. However, Chelsea Tomato did not notify Travelers until some nine months later. This is as a matter of law an unreasonable delay, which is not excused by Chelsea Tomato's professed belief that the accident was plaintiffs fault and would result in no liability to itself ( see Tower Ins. Co. of N.Y. v Lin Hsin Long Co., 50 AD3d 305, 307-308).
[ See 2007 NY Slip Op 31984(U).]