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EVEREADY INS. CO. v. ALOKOZAI

204 A.D.2d 267 (1994)

614 N.Y.S.2d 144

Eveready Insurance Company, Appellant, v. Mohammad S. Alokozai et al., Respondents

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

May 2, 1994

Ordered that the order is affirmed, with costs to the respondents Thomas and Rose Scopelliti.

We find that there are issues of fact as to whether the July 23, 1990 letter constituted sufficient notice of the accident and whether the delay in notifying the plaintiff insurance company was reasonable under the circumstances (see, James v Allstate Ins. Co., 177 A.D.2d 998). Consequently, the Supreme Court properly denied...

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