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FERREIRA v. MEREDA REALTY CORP.

61 A.D.3d 463 (2009)

877 N.Y.S.2d 35

AMANDA FERREIRA, an Infant, by Her Mother and Natural Guardian, CARMEN GUTIERREZ, et al., Plaintiffs, v. MEREDA REALTY CORP., et al., Defendants. MEREDA REALTY CORP. et al., Third-Party Plaintiffs-Appellants, v. RLI INSURANCE COMPANY, Third-Party Defendant-Respondent.

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

Decided April 9, 2009.

Appellant insureds were required by the policy to notify the insurer "as soon as practicable of an `occurrence' or offense which may result in a claim." Here, where they did not give notice for more than two months after first learning of the infant plaintiff's accident, it was their burden (see Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 N.Y.3d 742, 743-744 [2005]) to establish...

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