310 E. 74 LLC v. FIREMAN'S FUND INS. CO.

10038, 109924/09.

106 A.D.3d 469 (2013)

964 N.Y.S.2d 512

2013 NY Slip Op 3402

310 EAST 74 LLC et al., Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, Doing Business as INTERSTATE INDEMNITY COMPANY, Respondent.

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

Decided May 9, 2013.


Plaintiffs' seven-month delay in notifying defendant insurer of the subject accident was unreasonable as a matter of law (see Tower Ins. Co. of N.Y. v Classon Hgts., LLC, 82 A.D.3d 632, 634 [1st Dept 2011]). Furthermore, plaintiffs failed to meet their burden to raise a triable issue of fact as to whether they had a reasonable, good-faith belief in their nonliability (see id.; Paramount Ins. Co. v Rosedale Gardens,...

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