Opinion
April 25, 1994
Appeal from the Supreme Court, Kings County (Held, J.).
Ordered that the order is affirmed, without costs or disbursements.
The appellant allegedly agreed to obtain liability insurance for the third-party plaintiffs. Since there remains a factual question as to whether the appellant gave reasonable notice that the insurance had not been obtained (see, Erwig v Cook Agency, 173 A.D.2d 439; Riedman Agency v Meaott Constr. Corp., 90 A.D.2d 963), the court correctly denied the appellant's motion pursuant to CPLR 3211 (a) (1). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.