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PUB. SERV. MUT. INS. CO. v. 66 OVERLOOK TERRACE CORP.

209 A.D.2d 343 (1994)

619 N.Y.S.2d 18

Public Service Mutual Insurance Company, Respondent, v. 66 Overlook Terrace Corp., Doing Business as Fort Terrace Company, et al., Respondents. (Action No. 1.) Massachusetts Bay Insurance Company, Third-Party Plaintiff-Appellant, v. 66 Overlook Terrace Corp., Third-Party Defendant-Respondent. (Action No. 2.) 66 Overlook Terrace Corp., Second Third-Party Plaintiff-Respondent, v. Greater New York Mutual Insurance Company, Second Third-Party Defendant-Appellant. (Action No. 3.) Transamerica Insurance Company, Third Third-Party Plaintiff-Respondent, v. Greater New York Mutual Insurance Company et al., Third Third-Party Defendants-Appellants, Cambridge Mutual Fire Insurance Company et al., Third Third-Party Defendants-Respondents. (Action No. 4.)

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

November 22, 1994

The IAS Court correctly determined that while the insured failed to give timely notice of the tort plaintiff's potential claim — even if the insured's Board of Directors was not made aware of the tort plaintiff's complaints concerning its employee until mid-March 1988 — it remains that the insured did not notify any of the insurers until it received a summons and complaint some 15 months later, nearly two years after...

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