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TURNQUEST v. SMALLS

26 A.D.2d 841 (1966)

Wilfred Turnquest et al., Respondents, v. William Smalls, Defendant; Empire Mutual Insurance Company, Appellant, and Motor Vehicle Accident Indemnification Corporation, Respondent

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

October 31, 1966

Judgment affirmed, with one bill of costs payable to respondents jointly.

We agree with the determination of the trial court that plaintiffs gave notice of the accident to appellant as soon as it was reasonably possible to do so (cf. Lauritano v. American Fid. Fire Ins. Co., 3 A.D.2d 564, affd. 4 N.Y.2d 1028). We are also of the opinion that, in any event, appellant waived the claim of...

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