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JUVENEX LTD. v. THE BURLINGTON INSURANCE COMPANY

63 A.D.3d 554 (2009)

882 N.Y.S.2d 47

JUVENEX LTD., Appellant, v. THE BURLINGTON INSURANCE COMPANY, Respondent.

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

Decided June 23, 2009.

Plaintiff's delay of two months in giving defendant notice of the claim was unreasonable as a matter of law (see 2130 Williamsbridge Corp. v Interstate Indem. Co., 55 A.D.3d 371 [2008]; Republic N.Y. Corp. v American Home Assur. Co., 125 A.D.2d 247 [1986]). Notice to plaintiff's broker did not constitute notice to defendant (Security Mut. Ins. Co. of N.Y. v Acker-Fitzsimons Corp.,

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