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GALAXY INSURANCE COMPANY v. 1454 NICHOLAS AVENUE ASSOCIATES

276 A.D.2d 424 (2000)

715 N.Y.S.2d 27

GALAXY INSURANCE COMPANY, Appellant, v. 1454 NICHOLAS AVENUE ASSOCIATES, Respondent.

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

Decided October 26, 2000.

Although a reasonable belief in non-liability may excuse an insured's failure to give timely notice (see, SSBSS Realty Corp. v Public Serv. Mut. Ins. Co., 253 A.D.2d 583), whether an insured's belief in non-liability is reasonable generally presents an issue to be resolved at trial (Agoado Realty Corp. v United Intl. Ins. Co., 260 A.D.2d 112, 118-119, affd in relevant part

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