DESO v. LONDON & LANCASHIRE IND. CO.


3 N.Y.2d 127 (1957)

Anthony Deso, Respondent, v. London & Lancashire Indemnity Company of America, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1957.


Attorney(s) appearing for the Case

John J. Scully for appellant.

Arthur J. Harvey for respondent.

DYE, FULD, FROESSEL and VAN VOORHIS JJ., concur with BURKE, J.; DESMOND, J., dissents in an opinion in which CONWAY, Ch. J., concurs.


BURKE, J.

This action was brought pursuant to section 167 of the Insurance Law to recover the amount of a judgment which plaintiff has secured against Alessandro Lasigna, the insured, for injuries sustained by the plaintiff while on Lasigna's premises. We are concerned principally with a single narrow issue: whether the question as to the timeliness of the notice given by the insured to the defendant was properly...

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