2833 THIRD AVENUE REALTY ASSOCIATES v. MARCUS


12 A.D.3d 329 (2004)

784 N.Y.S.2d 863

2833 THIRD AVENUE REALTY ASSOCIATES et al., Respondents, v. JACK MARCUS et al., Appellants.

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

November 30, 2004.


Although plaintiff insureds failed to provide timely notice of claim and forward the summons and complaint as required by the policy, defendants' disclaimer after 37 days was unreasonable as a matter of law since the grounds for the disclaimer were evident from the face of the late notice of claim (see West 16th St. Tenants Corp. v Public Serv. Mut. Ins. Co., 290 A.D.2d 278

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