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BONAVITA v. ENRIGHT

30 A.D.2d 1027 (1968)

Joseph T. Bonavita, Plaintiff, v. Joseph Enright et al., Defendants and Third-Party Plaintiffs-Respondents. American Motorists Insurance Company, Third-Party Defendant-Appellant

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

October 30, 1968

GIBSON, P. J.

The issue is that raised by the defense interposed by third-party defendant's answer that no notice of the "occurrence", being the accident of June 21, 1962, was given until January 2, 1963, contrary to the terms of the homeowners policy, providing: "CONDITIONS. * * * 4. Notice of Occurrence. When an occurrence takes place, written notice shall be given by or on behalf of this Insured to this Company or any of its authorized agents as soon...

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