MATTER OF AM. CAS. CO. v. McCOY


138 A.D.2d 485 (1988)

In the Matter of American Casualty Company, Appellant, v. Evelyn McCoy, Respondent

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

March 14, 1988


Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted for an evidentiary hearing in accordance herewith to determine if the petition was served on September 29, 1986, pursuant to the provisions of CPLR 7503 (c) and whether the respondent gave notice of her claim as soon as practicable.

The respondent's parked automobile was damaged on October 30, 1985, when it was struck by an automobile...

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