Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.
On or about September 1, 2000 the plaintiff applied to the defendant for benefits under his disability insurance policy. He sent in claim forms alleging that in March 1999 he became totally disabled as a result of mental illness. The defendant denied the claim, stating, inter alia, that the plaintiff failed to give timely notice of his claim. Subsequently, the...
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