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EMPIRE v. GREATER N. Y. MUT. INS. CO.

35 N.Y.2d 8 (1974)

Empire City Subway Company (Limited), Respondent, v. Greater New York Mutual Insurance Company, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 10, 1974.

Attorney(s) appearing for the Case

William F. McNulty, Harold M. Foster and Anthony J. McNulty for appellant.

George E. Ashley and Martin J. Murtagh for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

JASEN, J.

In this declaratory judgment action, we are asked to decide whether an insured, under a liability insurance policy, complied with the terms of the policy requiring notice to the insurer "as soon as practicable" after an accident and notice of claim or suit "immediately" upon claim or suit being made.

The plaintiff, Empire City Subway Company (Empire), a construction subsidiary of New York Telephone...

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