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COURDUFF'S OAKWOOD ROAD GARDENS & LANDSCAPING COMPANY, INC. v. MERCHANTS MUTUAL INSURANCE COMPANY

2010-09590.

84 A.D.3d 717 (2011)

922 N.Y.S.2d 212

COURDUFF'S OAKWOOD ROAD GARDENS & LANDSCAPING COMPANY, INC., Respondent, v. MERCHANTS MUTUAL INSURANCE COMPANY, Appellant.

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

Decided May 3, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

Where an insurance policy requires that notice of an occurrence be given "as soon as practicable," notice must be given within a reasonable time in view of all of the circumstances (Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 N.Y.3d 742, 743 [2005] [internal quotation marks omitted]; see Ponok Realty Corp. v United Natl. Specialty Ins. Co...

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