JAGLOM v. INSURANCE COMPANY OF GREATER NEW YORK


57 A.D.3d 310 (2008)

869 N.Y.S.2d 435

MICHAEL JAGLOM et al., Respondents, v. INSURANCE COMPANY OF GREATER NEW YORK, Appellant.

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

December 16, 2008.


Plaintiffs seek a judgment declaring that defendant must defend and indemnify them in an underlying libel action. Defendant moved to dismiss the complaint, pursuant to CPLR 3211 (a) (1) and (7), on the ground that the insureds failed to give it timely notice of the offense and resulting claim against them. In opposition to the motion, plaintiffs submitted an affidavit by plaintiff Jaglom and an affirmation by their counsel explaining...

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