ARGENTINA v. OTSEGO MUT. FIRE INS. CO.


86 N.Y.2d 748 (1995)

655 N.E.2d 166

631 N.Y.S.2d 125

Aurelio Argentina et al., Respondents, v. Otsego Mutual Fire Insurance Company, Defendant and Third-Party Plaintiff-Appellant. Victor Argentina et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided July 5, 1995.


Attorney(s) appearing for the Case

Fishman & Tynan, Northport (Caroline Levy of counsel), for defendant and third-party plaintiff-appellant.

Simonson & Cohen, P. C., Staten Island (James R. Cohen of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The issue in this appeal is whether the insureds gave timely notice to their carrier of the slip-and-fall accident that eventually led to a liability judgment against them. Since notice was not actually given until 171 days after the occurrence, plaintiffs had the burden of showing that there...

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