SAYED v. MACARI


296 A.D.2d 396 (2002)

744 N.Y.S.2d 509

SAMMY SAYED, Plaintiff, v. JOSEPH T. MACARI, Defendant and Third-Party Plaintiff-Respondent. 89-11 NORTHERN BLVD. FOOD CORP. et al., Third-Party Defendants; NATIONAL SURETY CORPORATION, Third-Party Plaintiff-Respondent; TOWER INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

Decided July 1, 2002.


Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and it is declared that Tower Insurance Company is not obligated to defend or indemnify Joseph T. Macari in the main action.

Where an insurance policy, such as the one in this case, requires an insured to provide notice of an accident or loss as soon as practicable, such notice must be provided within...

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