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RAEL AUTOMATIC SPRINKLER COMPANY, INC. v. SCHAEFER AGENCY

32 A.D.3d 835 (2006)

821 N.Y.S.2d 118

RAEL AUTOMATIC SPRINKLER COMPANY, INC., Plaintiff, v. SCHAEFER AGENCY, Defendant and Third-Party Plaintiff-Appellant. UTICA MUTUAL INSURANCE COMPANY, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

September 12, 2006.

Ordered that the order is affirmed, with costs.

Compliance with an insurance policy notice provision is a condition precedent to coverage, and the failure to comply vitiates the policy (see White v City of New York, 81 N.Y.2d 955, 957 [1993]; Security Mut. Ins. Co. of N.Y. v Acker-Fitzsimons Corp., 31 N.Y.2d 436, 440 [1972]; Quality...

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