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MALDONADO v. C.L.-M.I. PROPERTIES, INC.

39 A.D.3d 822 (2007)

835 N.Y.S.2d 335

EDWIN MALDONADO, Plaintiff, v. C.L.-M.I. PROPERTIES, INC., et al., Defendants and Third-Party Plaintiffs-Appellants. FOUR OF A KIND CONTRACTING, INC., et al., Third-Party Defendants; SIRIUS AMERICAN INSURANCE COMPANY, Defendant and Third-Party Defendant-Respondent.

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

Decided April 24, 2007.

Ordered that the order is affirmed, with costs.

On their motion for summary judgment, the defendants and third-party plaintiffs (hereinafter the third-party plaintiffs) failed to establish that the disclaimer letter of their insurer, the defendant and third-party defendant (hereinafter the insurer), was ineffective. The letter apprised the third-party plaintiffs that coverage was being disclaimed on the ground of untimely...

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