CASTLEPOINT INS. CO. v. MIKE'S PIPE YARD AND BLDG. SUPPLY CORP.

8790, 113048/09.

101 A.D.3d 504 (2012)

954 N.Y.S.2d 876

2012 NY Slip Op 8644

CASTLEPOINT INSURANCE COMPANY, Respondent, v. MIKE'S PIPE YARD AND BUILDING SUPPLY CORP., Defendant, and DAMON HAINDL, Appellant.

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

December 13, 2012.


The motion court providently exercised its discretion in granting Castlepoint's motion to renew and reargue its prior motion (see e.g. Mejia v Nanni, 307 A.D.2d 870 [1st Dept 2003]). Castlepoint correctly argued that Mike's could not demonstrate the reasonableness of its delay in reporting the accident leading to Haindl's injury (Paramount Ins. Co. v Rosedale Gardens,

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