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OMNI COMMERCIAL CORP. v. THE TRAVELERS

210 A.D.2d 107 (1994)

621 N.Y.S.2d 840

Omni Commercial Corp., Appellant, v. The Travelers et al., Respondents

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

December 13, 1994

The IAS Court properly granted summary judgment dismissing the complaint where plaintiff gave untimely notice of the claim, more than five months after the loss (see, Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 N.Y.2d 436). Plaintiff's excuse that it did not know that the additional insurance coverage was issued is unavailing since the record demonstrates that a letter confirming the additional coverage was sent to...

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