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T/TEX REALTY CORP. v. TRAVELERS INDEM. CO.

199 A.D.2d 135 (1993)

605 N.Y.S.2d 869

T/Tex Realty Corp. et al., Respondents, v. Travelers Indemnity Company et al., Appellants, et al., Defendants. (And Additional Third-Party Actions.)

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

December 16, 1993

In view of plaintiff's efforts to determine whether the damage to its buildings was caused by normal wear and tear or was the result of the nearby construction work, an issue of fact exists as to whether there is a reasonable excuse for plaintiff's delay in complying with the policy's notice provision (see, Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 N.Y.2d 436...

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