SCALA v. SCALA


19 A.D.2d 559 (1963)

Joseph Scala, Plaintiff, v. Salvatore Scala et al., Doing Business as Scala Bros., et al., Defendants and Third-Party Plaintiffs-Respondents. William Schreiber et al., Third-Party Defendants; United States Fidelity and Guaranty Company, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 27, 1963


Order reversed on the law and the facts, and a new trial granted, with costs to abide the event.

It is undisputed that Scala Bros. (the general contractors) were aware of the accident, which gave rise to the main action, within two days of its occurrence but that notice thereof was not given by them to the carrier until almost one year thereafter. The excuse for the failure to give earlier notice was the assureds' (Scala...

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