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NEW AMSTERDAM CAS. CO. v. MILLER

17 Misc.2d 452 (1959)

New Amsterdam Casualty Company, Plaintiff, v. Philip Miller et al., Individually and as Copartners Doing Business under the Name of Main Street Service Center, et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

May 26, 1959.

Attorney(s) appearing for the Case

Stanley D. Hicks and Joseph F. Lenihan for plaintiff.

Kreisel & Powell (Arthur Zale of counsel), for Philip Miller and another, defendants.

Hartsell, Harrington & Jacobs (George Harrington of counsel), for Harold Schmidt, defendant.

HENRY CLAY GREENBERG, J.

The complaint sets forth an action for declaratory judgment based upon plaintiff's disclaimer of liability grounded in the alleged noncompliance by certain defendants — the insured — with condition 9 of the insurance policy in suit requiring written notice of accident.

The credible proof is that the accident occurred on June 15, 1956 and that no written notice thereof was given to the plaintiff insurance...

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