Goldson v. Traveler's Insurance Co.

Appellate Division of the Supreme Court of New York

Goldson v. Traveler's Insurance Co.

27 A.D.2d 539, 275 N.Y.S.2d 95, 1966 N.Y. App. Div. LEXIS 2949

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 5, 1966

StatusPublished

This text of 27 A.D.2d 539 (Goldson v. Traveler's Insurance Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goldson v. Traveler's Insurance Co., 27 A.D.2d 539, 275 N.Y.S.2d 95, 1966 N.Y. App. Div. LEXIS 2949 (N.Y. Ct. App. 1966).

Pincite

Opinion

-Order of Appellate Term, Second Judicial Department, dated March 18, 1966, and judgment of the Civil Court of the City of New York, Queens County, dated May 24, 1965, reversed, on the law and the facts, without costs, and complaint dismissed, on the law. Findings of fact contained in the trial court’s decision and implicit in the majority decision at the Appellate Term are hereby reversed and new findings are made as indicated herein. Contrary to the finding of the trial court, we find that the evidence does not support plaintiff’s contention that written notice of the accident was mailed to defendant on April 30, 1963. We find that the first written notice was mailed on July 29, 1963 and further, that such notice, six months after the occurrence of the accident, was not, under all the circumstances, given “ as soon as was reasonably possible” and precludes recovery by plaintiff under the policy (Appell v. Liberty Mut. Ins. Co., 22 A D 2d 906, affd. 17 N Y 2d 519; Insurance Law, § 167, subd. 1, pars, [e], [d]). Beldock, P. J., TJghetta, Brennan, Hopkins and Benjamin, JJ., concur.

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-Order of Appellate Term, Second Judicial Department, dated March 18, 1966, and judgment of the Civil Court of the City of New York, Queens County, dated May 24, 1965, reversed, on the law and the facts, without costs, and complaint dismissed, on the law. Findings of fact contained in the trial court’s decision and implicit in the majority decision at the Appellate Term are hereby reversed and new findings are made as indicated herein. Contrary to the finding of the trial court, we find that the evidence does not support plaintiff’s contention that written notice of the accident was mailed to defendant on April 30, 1963. We find that the first written notice was mailed on July 29, 1963 and further, that such notice, six months after the occurrence of the accident, was not, under all the circumstances, given “ as soon as was reasonably possible” and precludes recovery by plaintiff under the policy (Appell v. Liberty Mut. Ins. Co., 22 A D 2d 906, affd. 17 N Y 2d 519; Insurance Law, § 167, subd. 1, pars, [e], [d]). Beldock, P. J., TJghetta, Brennan, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

27 A.D.2d 539, 275 N.Y.S.2d 95, 1966 N.Y. App. Div. LEXIS 2949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldson-v-travelers-insurance-co-nyappdiv-1966.