REG-TRU EQUITIES, INC. v. VALLEY FORGE INSURANCE COMPANY


44 A.D.3d 570 (2007)

846 N.Y.S.2d 84

REG-TRU EQUITIES, INC., Doing Business as THE TENNIS CLUB, Respondent, v. VALLEY FORGE INSURANCE COMPANY, Appellant.

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

Decided October 30, 2007.


The court improperly denied defendant's motion for summary judgment dismissing the complaint wherein plaintiff seeks, inter alia, a declaratory judgment that it was entitled to a defense and indemnity coverage in an underlying personal injury action. Defendant established that plaintiff's notice, made more than one year after the occurrence in question, constituted noncompliance with the condition precedent to coverage and vitiated the contract of insurance (see Great...

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