1700 BROADWAY CO. v. GREATER N.Y. MUT. INS. CO.


54 A.D.3d 593 (2008)

863 N.Y.S.2d 434

1700 BROADWAY CO., Appellant, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Respondent.

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

September 16, 2008.


Under the terms of a commercial general liability policy issued by defendant, plaintiff, named as an additional insured, was required to give defendant notice of a claim or suit as soon as practicable. Absent a valid excuse, the failure to satisfy this notice requirement, which is a condition precedent to coverage, vitiates the policy (Security Mut. Ins. Co. of N.Y. v Acker-Fitzsimons Corp., 31 N.Y.2d 436, 440 [1972]).

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