SAMPSON v. STATE-WIDE INS. CO.


19 Misc.2d 550 (1959)

Al Sampson, Respondent, v. State-Wide Insurance Co., Appellant.

Supreme Court, Appellate Term, First Department.

May 28, 1959.


Attorney(s) appearing for the Case

Held, Telchin & Held (Horace M. Cohen of counsel), for appellant.

Al Sampson, respondent in person.

Concur — HOFSTADTER, J. P., HECHT and AURELIO, JJ.


Per Curiam.

Plaintiff was not entitled to a recovery because of his failure to serve a copy of his judgment against defendant's assured with notice of entry upon this defendant at least 30 days prior to the commencement of the within action. Moreover, the failure of defendant's assured to give notification of the accident or of the suit which plaintiff commenced is a breach of one of the conditions of his insurance...

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