WALTERS v. ATKINS


179 A.D.2d 1067 (1992)

Thomas Walters, an Infant, by Richard Walters, His Parent and Natural Guardian, et al., Respondents, v. Edward L. Atkins, Jr., Defendant, and The Hartford, Appellant

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

January 31, 1992


Judgment unanimously affirmed with costs.

Memorandum:

Defendant Hartford appeals from a judgment of Supreme Court which, following a nonjury trial, declared that Hartford, as insurer under a homeowner's policy issued to defendant Atkins, received timely notice of the incident giving rise to plaintiffs' cause of action against its insured. The judgment further declared that, if plaintiffs are awarded judgment against Atkins, plaintiffs may seek recovery against...

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