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GEOGHEGAN v. EMPIRE MUT. INS. CO.

52 A.D.2d 836 (1976)

Christopher Geoghegan, Respondent, v. Empire Mutual Insurance Company, Appellant

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

May 3, 1976

Judgment and orders affirmed, with one bill of costs to cover all appeals.

The trial court properly held that the assertion of a second notice of cancellation by defendant, after the equivalent of a trial herein, was so prejudicial to plaintiff as to preclude its consideration on the merits. Moreover, since such late assertion of the existence of a notice of cancellation was conceded by defendant in its proposed stipulation...

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