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NEW YORK CITY TRANSIT AUTHORITY v. NATIONAL UNION FIRE INSURANCE COMPANY

291 A.D.2d 213 (2002)

737 N.Y.S.2d 83

NEW YORK CITY TRANSIT AUTHORITY, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY et al., Respondents, et al., Defendant.

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

Decided February 5, 2002.

Inasmuch as the subject insurance policy required plaintiff insured to tender a notice of a claim thereunder to defendant insurer "as soon as practicable" and plaintiff has failed to offer a reasonable excuse for waiting to advise the insurer of the personal injury claim here at issue by Ms. Simo until some 27 months after it received notice of such claim, plaintiff's notice of claim was untimely as a matter of law (see, Deso v London & Lancashire Indem. Co. of Am...

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