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FATIGATE v. LION INS. CO. OF NEW YORK

70 A.D.2d 874 (1979)

Ernest C. Fatigate, Respondent, v. Lion Insurance Company of New York, Appellant

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

June 4, 1979

Judgment affirmed, with costs.

During the course of this nonjury trial the defendant offered no explanation for its delay of almost three months in disclaiming, after having unconditionally agreed to defend the action during the intervening period. Under these circumstances, an argument that the plaintiff was also delinquent in notifying it of the accident is of no avail (see Hartford Ins. Co. v County of Nassau, 46 N.Y.2d 1028<...

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