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1700 ASSOCIATES v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY

256 A.D.2d 456 (1998)

681 N.Y.S.2d 795

1700 ASSOCIATES, Doing Business as 77 REALTY CO., MEMET CAPANI, Respondent, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Appellant.

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

Decided December 16, 1998.

Ordered that the order and judgment is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and it is declared that the defendant has no duty to defend and indemnify the plaintiff in the action entitled Bell v 77 Realty Corp. (supra).

The plaintiff had the burden of demonstrating a reasonable excuse for delaying more than six months in notifying the defendant of the accident which...

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