SPUTNIK RESTAURANT CORP. v. UNITED NATIONAL INSURANCE COMPANY


62 A.D.3d 689 (2009)

878 N.Y.S.2d 428

SPUTNIK RESTAURANT CORP. et al., Appellants, v. UNITED NATIONAL INSURANCE COMPANY, Respondent, and GIACOMO CAMARDA et al., Appellants.

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

Decided May 5, 2009.


Ordered that the order is affirmed, with costs, the action against the defendant United National Insurance Company is severed, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that it is not obligated to defend and indemnify the plaintiffs in the underlying action.

"`Where an insurance policy requires that notice of an occurrence be given promptly, notice must be given within a reasonable time in view of all of...

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