MACK v. GREAT ATL. & PAC. TEA CO., INC.


25 A.D.2d 482 (1966)

Edward C. Mack, Plaintiff, v. Great Atlantic & Pacific Tea Co., Inc., Defendant and Third-Party Plaintiff-Respondent; Allstate Insurance Company, Third-Party Defendant-Appellant

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

January 13, 1966


Judgment unanimously reversed on the law and facts, with costs, and third-party complaint dismissed, with costs.

Memorandum:

The finding of the trial court that notice of the accident was given by the representative of third-party plaintiff to third-party defendant "as soon as practicable" as required by the policy provision is contrary to the proof. Such representative did not use due diligence in 1960 to ascertain the name of the insurance carrier affording...

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