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APONTE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY

6762, 301907/09.

92 A.D.3d 476 (2012)

937 N.Y.S.2d 853

2012 NY Slip Op 903

PABLO O. APONTE, Respondent, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided February 9, 2012.

GEICO made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence of plaintiff's 13-month delay in notifying it of the incident with the letter carrier (see e.g. Tower Ins. Co. of N.Y. v Classon Hgts., LLC, 82 A.D.3d 632, 634 [2011]). Plaintiff's contention that he had a reasonable excuse for failing to give timely notice because he acted in self-defense and did not think the letter carrier "would...

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