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HERMITAGE INSURANCE COMPANY v. ZAIDMAN

9488, 101241/11.

107 A.D.3d 579 (2013)

969 N.Y.S.2d 4

2013 NY Slip Op 4718

HERMITAGE INSURANCE COMPANY, Appellant, v. SABINA ZAIDMAN et al., Respondents, et al., Defendant.

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

Decided June 20, 2013.

Despite the familial relationship between Sabina, the insured, and Grace, the injured party, the court erred in finding as a matter of law that Sabina's lengthy delay in notifying plaintiff insurer of the underlying accident was excusable (cf. Argentina v Otsego Mut. Fire Ins. Co., 86 N.Y.2d 748, 750-751 [1995], affg 207 A.D.2d 816 [2d Dept 1994...

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