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SEC. INS. GROUP v. PRIESTLEY

61 A.D.2d 795 (1978)

Security Insurance Group, Respondent, v. John S. Priestley, Appellant, et al., Defendant

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

February 6, 1978

Order reversed, on the law, with $50 costs and disbursements, and action remitted to Special Term for a hearing in accordance herewith.

We agree that the plaintiff-respondent would not be required to defend and indemnify defendant-appellant Priestley if a timely notice of disclaimer had been given (cf. State Farm Mut. Auto. Ins. Co. v Westlake, 35 N.Y.2d 587). However, we do not believe that the record was sufficient to permit...

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