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O'BRIEN v. BERNARDO

242 A.D.2d 213 (1997)

660 N.Y.S.2d 580

John P. O'Brien, Plaintiff, v. Gutman Bernardo, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Public Service Mutual Insurance Company, Third-Party Defendant-Appellant

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

August 7, 1997

Upon review of the record, we find that unresolved issues of fact bar the grant of summary judgment to either side in this controversy over whether the insured's first report of an accident four months after its occurrence satisfied the policies' requirement of notice "as soon as practicable." It is undisputed that the insured, the owner of a residential apartment building, had been informed, on the date of the incident, that an...

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