ROMEO v. MALTA


55 A.D.3d 330 (2008)

865 N.Y.S.2d 201

LOUIS ROMEO, Plaintiff, v. ROBERT MALTA et al., Defendants. ROBERT MALTA, Third-Party Plaintiff, and CHELSEA TOMATO, INC., Doing Business as INTERMEZZO RESTAURANT, Third-Party Plaintiff-Appellant, v. THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, Third-Party Defendant-Respondent. (And Other Third-Party Actions.)

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

October 7, 2008.


The record establishes that employees of Chelsea Tomato knew about the accident on the day it happened, as plaintiff in the underlying action fell while descending a staircase in the restaurant and was removed from the scene via ambulance. However, Chelsea Tomato did not notify Travelers until some nine months later. This is as a matter of law an unreasonable delay, which is not excused by Chelsea Tomato's professed belief that the accident was plaintiff's fault and would...

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