Determination of Appellate Term reversed on the law and the facts, with costs to appellant, and the judgment of Municipal Court (now Civil Court) reinstated.
Plaintiff obtained a judgment in a negligence action against one Cadigan, who was insured by defendant. The judgment being unsatisfied, plaintiff brought this action pursuant to section 167 of the Insurance Law. The defense was that timely notice was not given to defendant. It was established that Cadigan, the...
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