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TOWER INSURANCE COMPANY OF NEW YORK v. R&R DENTAL MODELING INC.

4368, 103671/08.

82 A.D.3d 607 (2011)

920 N.Y.S.2d 42

TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. R&R DENTAL MODELING INC., Respondent, et al., Defendants.

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

Decided March 24, 2011.

Defendant's principal heard the plaintiff in the underlying personal injury action stumble on the steps, heard her complain of pain, and saw her walking with a limp. A week later, defendant's principal saw that the injured woman's leg was in a new cast. Nevertheless, defendant failed to notify plaintiff of the possibility of a claim until 17 months later, after it had been served with the summons and complaint in the personal injury...

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