MATTER OF AEGIS INSURANCE SERVICES, INC. v. CITY OF NEW YORK


2 A.D.3d 365 (2003)

768 N.Y.S.2d 825

In the Matter of AEGIS INSURANCE SERVICES, INC., et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

December 30, 2003.


The application was properly granted in view of the evidence that respondent was aware, before petitioners' claims arose, of the potential hazards presented by the diesel fuel it stored in the building, and tending to show that respondent became aware, during the 90-day period after the claims arose, that such fuel may have contributed to the building's collapse (General Municipal Law § 50-e [5]). The delay in notice beyond the 90-day period did not prevent or hamper...

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