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AETNA LIFE & CAS. CO. v. 57TH ST. MGMT. CORP.

235 A.D.2d 379 (1997)

652 N.Y.S.2d 73

Aetna Life & Casualty Company, Appellant, v. 57th Street Management Corp. et al., Respondents, et al., Defendants

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

January 13, 1997

Ordered that the judgment is modified, on the law, by deleting therefrom the provision dismissing the complaint; as so modified, the judgment is affirmed, with costs to the respondents.

It is well settled that an insurance carrier may not disclaim liability if it fails to give notice of its disclaimer "as soon as is reasonably possible after it first learns of the accident or of grounds for disclaimer of liability" (Hartford Ins. Co. v County of Nassau,

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