CLUTE v. HARDER SILO CO., INC.


42 A.D.2d 818 (1973)

Leon V. Clute et al., Plaintiffs, v. Harder Silo Company, Inc., Defendant and Third-Party Plaintiff-Appellant. Employers Liability Assurance Corporation, Limited, Third-Party Defendant-Respondent

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

July 6, 1973


Order insofar as it grants summary judgment dismissing third-party complaint unanimously reversed, with costs and motion denied, and otherwise order affirmed.

Memorandum:

This appeal is from so much of an order of Special Term which granted a motion by the respondent insurer, the third-party defendant, for summary judgment dismissing the third-party complaint. Respondent claims that it did not receive written notice of the occurrence as soon "as practicable...

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