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TOWER INSURANCE COMPANY OF NEW YORK v. DYKER CONTRACTORS, INC.

47 A.D.3d 522 (2008)

854 N.Y.S.2d 644

TOWER INSURANCE COMPANY OF NEW YORK, Respondent, v. DYKER CONTRACTORS, INC., Appellant, et al., Defendants.

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

Decided January 24, 2008.

Dyker failed to raise a triable issue of fact whether its belief in its nonliability was reasonable, so as to excuse its nine-month delay in notifying plaintiff of the occurrence (see White v City of New York, 81 N.Y.2d 955, 957 [1993]). The injury resulted from the collapse of a stairway at the job site at which Dyker was general contractor, Dyker's foreman notified its principal of the accident on the day it happened, and the injured...

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