Appellate Division of the Supreme Court of New York, 1976

Merchants Mutual Insurance v. Calandra

Merchants Mutual Insurance v. Calandra
Appellate Division of the Supreme Court of New York · Decided February 2, 1976
51 A.D.2d 738; 378 N.Y.S.2d 1016; 1976 N.Y. App. Div. LEXIS 11246
Merchants Mutual Insurance v. Calandra

Opinion of the Court

In a proceeding to stay arbitration, respondent Hartford Accident & Indemnity Company appeals from a judgment of the Supreme Court, Nassau County, entered April 15, 1975 and made after a hearing, which granted the application. Judgment affirmed, with costs. In our opinion, the notice by the injured party of the automobile accident to appellant was reasonably prompt under the circumstances of this case. Special Term properly held appellant’s disclaimer to be invalid and ineffective. Latham, Acting P. J., Margett, Christ, Shapiro and Titone, JJ., concur.

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