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MUNOZ v. CITY OF NEW YORK

Nos. 7690, 108634/07, 590497/09.

95 A.D.3d 648 (2012)

943 N.Y.S.2d 536

2012 NY Slip Op 3884

JORGE MUNOZ et al., Respondents, v. CITY OF NEW YORK et al., Defendants, et al., Additional Defendant on Cross Claims. BOARD OF MANAGERS OF REGATTA CONDOMINIUM et al., Third-Party Plaintiffs-Respondents, v. ADMIRAL INDEMNITY COMPANY et al., Third-Party Defendants-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 17, 2012.

Admiral's disclaimer of coverage based solely on late notice of claim, issued 43 days after receiving first notification of the occurrence, claim and suit, was unreasonable as a matter of law (see George Campbell Painting v National Union Fire Ins. Co. of Pittsburgh, PA, 92 A.D.3d 104, 106 [2012]; see also West 16th St. Tenants Corp. v Public Serv. Mut. Ins. Co., 290 A.D.2d 278, 279 [2002...

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