Smith v. Maryland Casualty Co.

Judgment unanimously affirmed without costs. Memorandum: We affirm for reasons stated at Special Term, Rath, J. We add only that plaintiff failed to give timely notice of her intention to rely on statutes of the Province of Ontario by referring to them for the first time in a reply brief (see, CPLR 4511 [b]). (Appeal from judgment of Supreme Court, Erie County, Rath, J. — declaratory judgment.) Present —Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.