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24 FIFTH OWNERS, INC. v. SIRIUS AM. INS. CO.

14071, 114280/10.

124 A.D.3d 551 (2015)

998 N.Y.S.2d 632

24 FIFTH OWNERS, INC., et al., Appellants, v. SIRIUS AMERICA INSURANCE COMPANY, Now Known as DELOS INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided January 29, 2015.

Plaintiffs' claim that Sirius's disclaimer letter did not specify that the late notice defense was based on the time that had elapsed between 24 Fifth Owners, Inc.'s receipt of the underlying complaint and the tender to Sirius, even considered for the first time on appeal as a purely legal argument (cf. Titova v D'Nodal, 117 A.D.3d 431, 431 [1st Dept 2014]), is unavailing, as the letter, which also referenced the policy condition...

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