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WHITE v. CITY OF NEW YORK

180 A.D.2d 324 (1992)

Enga White, an Infant, by Her Mother and Natural Guardian, Edna White, et al., Plaintiffs, v. City of New York et al., Defendants New York City Housing Authority, Third-Party Plaintiff-Respondent, v. All City Insurance Company, a Division of Empire Insurance Group, Third-Party Defendant-Appellant, and Enga White, an Infant, by Her Mother and Natural Guardian, Edna White, et al., Third-Party Defendants-Respondents

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

June 18, 1992

Attorney(s) appearing for the Case

Martin S. Rothman of counsel (Alyne I. Diamond with him on the brief; Adolph B. Salib and Seligson, Rothman & Rothman, attorneys), for third-party defendant-appellant.

Bruce M. Young of counsel (Elisa F. Cullen and Phyllis Chu with him on the brief; Kanterman, Taub & Breitner, P. C., attorneys), for third-party plaintiff-respondent.

MURPHY, P. J., and ROSENBERGER, J., concur with WALLACH, J.; SULLIVAN and RUBIN, JJ., dissent in an opinion by SULLIVAN, J.

WALLACH, J.

In this declaratory judgment action, we are called upon to consider whether a 10-year delay by a public authority in reporting a personal injury claim to its liability insurance carrier complied with a policy provision requiring notice of a pertinent occurrence to be furnished "as soon as practicable". Under the circumstances presented here, we conclude that the decade-long delay constituted a breach...

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