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ROSEN v. CITY OF NEW YORK

245 A.D.2d 202 (1997)

666 N.Y.S.2d 594

Aaron J. Rosen et al., Plaintiffs, v. City of New York et al., Defendants. New York City Transit Authority et al Third-Party Plaintiffs-Respondents, v. Nab Construction Corporation, Third-Party Defendant, and National Union Fire Insurance Company, Third-Party Defendant-Appellant

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

December 23, 1997

As the IAS Court pertinently noted, the insurer, asserting lack of timely notice, disclaimed coverage of the additional insureds before the latter had asserted any claims against the primary insured. Therefore, at the time of such disclaimer, the notice given by the primary insured was applicable as well to the additional insureds (see, National Union Fire Ins. Co. v Insurance Co., 188 A.D.2d 259<...

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