BOARD OF MANAGERS OF THE 1235 PARK CONDOMINIUM v. CLERMONT SPECIALTY MANAGERS, LTD.

1719, 111794/07

68 A.D.3d 496 (2009)

2009 NY Slip Op 9148

891 N.Y.S.2d 340

BOARD OF MANAGERS OF THE 1235 PARK CONDOMINIUM et al., Appellants, v. CLERMONT SPECIALTY MANAGERS, LTD., et al., Respondents.

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

Decided December 10, 2009.


The worker was taken to the hospital by ambulance after falling off a ladder while installing a water tank on the roof of the insured's building; the insured immediately learned of the accident; and the insured's notice of claim was admittedly untimely. The insured argues that the untimeliness should be excused because it had a reasonable, good faith belief that no claim would be asserted against it, based on a phone call it made to the worker's employer on the day of the...

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