SILVERITE CONSTRUCTION COMPANY, INC. v. ONE BEACON INSURANCE COMPANY


61 A.D.3d 415 (2009)

875 N.Y.S.2d 889

SILVERITE CONSTRUCTION COMPANY, INC., et al., Appellants, v. ONE BEACON INSURANCE COMPANY, as Successor to AMERICAN SPECIALTY INSURANCE COMPANY, Respondent, et al., Defendant.

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

Decided April 2, 2009.


Plaintiffs excuse for their 2½-month-plus late notice of a worker's injury at a city construction site was that they did not believe the worker either had a claim, or would bring one, was properly rejected given evidence that the worker was removed from the work site by ambulance, an accident report was prepared the same date but not followed up, the worker missed a week of work, he returned on limited duties and filed a notice...

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