JENKINS v. BURGOS


99 A.D.2d 217 (1984)

Anne E. Jenkins et al., Respondents, v. Josue G. Burgos et al., Defendants, and American Transit Insurance Company, Appellant

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

February 28, 1984


Attorney(s) appearing for the Case

Daniel Siegel of counsel (Mitchell Falber with him on the brief; Kaufman & Siegel, P. C., attorneys), for respondents.

Marshall A. Bernstein of counsel (Bernstein & Gershman, attorneys), for appellant.

SILVERMAN and LYNCH, JJ., concur with KASSAL, J.; ROSS, J. P., and MILONAS, J., concur on constraint of Allstate Ins. Co. v Furman ().


KASSAL, J.

The issue on this appeal is whether the injured party gave timely notice of the accident to the insurer and whether oral notification will suffice where the policy, statute and cases in this State uniformly require that written notice be given. The trial court held that notice by telephone, which was disputed by the insurer, was sufficient compliance with the policy. We disagree and, accordingly, reverse the order and judgment and declare that...

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