HUGUENS v. VILLAGE OF SPRING VALLEY

2010-04672.

82 A.D.3d 1159 (2011)

919 N.Y.S.2d 367

JOSEPH HUGUENS, Plaintiff, v. VILLAGE OF SPRING VALLEY et al., Defendants, and CARIBREEZE VEGETARIAN RESTAURANT, Defendant/Third-Party Plaintiff-Appellant. NATIONAL FIRE INSURANCE OF HARTFORD, Third-Party Defendant-Respondent.

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

Decided March 29, 2011.


Ordered that the order is affirmed, with costs.

The third-party defendant made a prima facie showing of its entitlement to judgment as a matter of law, and the defendant/ third-party plaintiff failed to raise a triable issue of fact in opposition. Contrary to the contention of the defendant/third-party plaintiff, the delay of the third-party defendant in issuing the disclaimer of coverage in this case was not unreasonable. The third-party defendant presented ample...

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