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US PACK NETWORK CORP. v. TRAVELERS PROPERTY CASUALTY

42 A.D.3d 330 (2007)

840 N.Y.S.2d 35

US PACK NETWORK CORP. et al., Respondents, v. TRAVELERS PROPERTY CASUALTY et al., Defendants, and TANENBAUM-HARBER CO., INC., et al., Appellants.

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

Decided July 12, 2007.

On a previous appeal, this Court affirmed a determination that plaintiff had failed to give the requisite prompt notice of the claimed losses to its insurance broker (see US Pack Network Corp. v Travelers Prop. Cas., 23 A.D.3d 299, 300 [2005]). We specifically held that the affidavit of plaintiff's president stating that the broker was verbally notified shortly after each loss was insufficient even to raise a bona fide issue of fact...

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