Tower Insurance v. Dyker Contractors, Inc.

Appellate Division of the Supreme Court of New York

Tower Insurance v. Dyker Contractors, Inc.

47 A.D.3d 522, 854 N.Y.S.2d 644

Appellate Division of the Supreme Court of the State of New York·Decided January 24, 2008·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered September 13, 2006, which, to the extent appealed from, granted plaintiffs motion for summary judgment declaring that it had no duty to defend or indemnify defendant Dyker Contractors, Inc. in an underlying personal injury action, unanimously affirmed, without costs.

Dyker failed to raise a triable issue of fact whether its belief in its nonliability was reasonable, so as to excuse its nine-month delay in notifying plaintiff of the occurrence (see White v City of New York, 81 NY2d 955, 957 [1993]). The injury resulted from the collapse of a stairway at the job site at which Dyker was general contractor, Dyker’s foreman notified its principal of the accident on the day it happened, and the injured party appeared on site soon thereafter with his leg in a cast (see e.g. Pendill v Furry Paws, Inc., 29 AD3d 453 [2006]). Concur—Tom, J.E, Saxe, Friedman and Buckley, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered September 13, 2006, which, to the extent appealed from, granted plaintiffs motion for summary judgment declaring that it had no duty to defend or indemnify defendant Dyker Contractors, Inc. in an underlying personal injury action, unanimously affirmed, without costs.

Dyker failed to raise a triable issue of fact whether its belief in its nonliability was reasonable, so as to excuse its nine-month delay in notifying plaintiff of the occurrence (see White v City of New York, 81 NY2d 955, 957 [1993]). The injury resulted from the collapse of a stairway at the job site at which Dyker was general contractor, Dyker’s foreman notified its principal of the accident on the day it happened, and the injured party appeared on site soon thereafter with his leg in a cast (see e.g. Pendill v Furry Paws, Inc., 29 AD3d 453 [2006]). Concur—Tom, J.E, Saxe, Friedman and Buckley, JJ.

Tower Insurance v. Dyker Contractors, Inc., 47 A.D.3d 522, 854 N.Y.S.2d 644 (N.Y. Ct. App. 2008).

Pincite

47 A.D.3d 522 (Tower Insurance v. Dyker Contractors, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related